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IT \......,......l."..."..-......jt'~'4t..It'.I~.....-.-_, I I I I I I I I I I I I I I I I I I I I I SALINA, KANSAS POTW PRETREATMENT PROGRAM DECEM SER 1983 80-102 t' LS 0 N COM PANY ENGINEERS ARCHITECTS t I I I I I I I I I I I I I TABLE OF CONTENTS Page No. SECTION I - SUMMARY General I-I Scope Federal Statutes and Regulations Industrial Wastewater Survey POTW Pretreatment Program Development SECTION II - PRETREATMENT PROGRAM OBJECTIVES General 11-1 Objectives National Pretreatment Standards General Pretreatment Regulations Prohibited Discharge Standards Categorical Pretreatment Standards Variances Fundamentally Different Factors (FDF) Determination Removal Allowance Net/Gross Intake Pollutant Credit SECTION III - INDUSTRIAL SURVEY General 111-1 Industrial Waste Questionnaire Telephone Survey Survey Results Physical Inspections NPDES Industrial Monitoring SECTION IV - TECHNICAL INFORMATION General IV-l Treatm~nt Plant Capacity I SECTION V - LEGAL AUTHORITY I I I I I General Industrial Pretreatment Ordinance V-I V-I SECTION VI - MONITORING PROGRAM DEVELOPMENT General Monitoring Industrial Self-Monitoring Industrial Self-Monitoring Reports City Surveillance Monitoring Spill Prevention Control and Counter Measure Plan Sampling Laboratory Testing VI-I A I I I I I I I I I I I I I I I I I I I SECTION VII - PRETREATMENT PROGRAM REPORTING REQUIREMENTS General NPDES Permit Limitations City Issued Permit VII -1 VII - 2 VII - 2 SECTION VIII - ENFORCEMENT MONITORING General Pretreatment Ordinance Limitations VI II -1 VII I-I SECTION IX - PROGRAM ORGANIZATIONAL STRUCTURE AND REVENUE SOURCES General Organizational Structure Revenue Sources IX-I IX-I IX-2 SECTION X - PUBLIC PARTICIPATION General X-I APPENDICES APPENDIX A - CATEGORIES OF NINETEEN INDUSTRIES APPENDIX B - 65 CLASSES OF TOXIC POLLUTANTS AND 129 PRIORITY POLLUTANTS APPENDIX C - EXAMPLE INDUSTRIAL WASTE QUESTIONNAIRE APPENDIX D - INDUSTRIAL LISTINGS APPENDIX E - STATEMENT REGARDING THE POTW'S LEGAL AUTHORITY APPENDIX F - INDUSTRIAL PRETREATMENT ORDINANCE AMENDMENTS APPENDIX G - MONITORING PROGRAM DEVELOPMENT SCHEMATIC APPENDIX H - TEST PROCEDURES FOR THE ANALYSIS OF POLLUTANTS (40 CFR 136) APPENDIX I - EXAMPLE INITIAL lBO-DAY FACILITY REPORT APPENDIX J - ORGANIZATIONAL CHART APPENDIX K - FINANCIAL REQUIREMENTS AND MANPOWER ESTIMATES APPENDIX L - GENERAL PRETREATMENT REGULATIONS (40 CFR 403) - GENERAL EFFLUENT GUIDELINES APPENDIX M - PROTOTYPE APPLICATION FOR INDUSTRIAL SEWER CONNECTION APPENDIX N - PROTOTYPE INDUSTRIAL WASTEWATER DISCHARGE PERMIT APPENDIX 0 - PROTOTYPE SELF-MONITORING REPORT APPENDIX P - LOCATION MAP OF ELIGIBLE INDUSTRIAL USERS B I I I I I I I I I I I I I I I I I I I SECTION I - SUMMARY GENERAL This report outlines the fulfillment of requirements set forth in the Federal regulations that govern the development of the POTW Pretreatment Program for the City of Salina. This report also provides recommendations on the operation and enforcement of the program once it is implemented. SCOPE The scope of the investigations that were undertaken includes the following: 1. Identifying and surveying industrial users to determine potential pollution sources. 2. Reviewing and establishing the City's legal authority to administer and enforce any pretreatment program requirements. 3. Delineating information necessary for the City of Salina to develop an ordinance for the purpose of implementing and enforcing prohi- bited discharge and categorical pretreatment standards. 4. Recommending monitoring requirements necessary for the development of a sampling and enforcement monitoring program. 5. Preparing a budget estimate of manpower and costs required to operate the pretreatment program and enforce the pretreatment ordinance. FEDERAL STATUTES AND REGULATIONS The Clean Water Act of 1977 (P.L. 95-217) established a national pretreat- ment policy to control the discharge of nondomestic wastewater from indus- trial facilities into municipal wastewater disposal systems. To implement this policy, the Environmental Protection Agency (EPA) promulgated the "General Pretreatment Regulations for Existing and New Sources of Pollution", published June 26, 1978. (CFR-Title 40, Part 403). These regulations were amended on June 7, 1979. Additional amendments were proposed on November 3, 1980 and again on January 28, 1981. On March 27, 1981, the effective date of these amendments was indefinitely postponed, in order to enable the agency to conduct a Regulatory Impact Analysis under Executive Order 12291. Then on October 13, 1981, EPA decided to terminate the indefinite postpone- ment of the general pretreatment amendments and make them effective January 31, 1982. This was done to allow public comment on the question of whether the amendments should be postponed indefinitely or, in response to various groups suggestions that portions of the general pretreatment amendments should be implemented immediately. Subsequent to EPA's indefinite deferral of the effective date of the general pretreatment amendments, a suit was brought by the Natural Resources Defense Council (NRDC) challenging EPA's deferral without notice or comment. I-I I I I I As a result, EPA established January 31, 1982 as the effective date of the general pretreatment amendments excluding a few portions of the regulations which were deferred until further notice. Those portions or sections which were deferred include the definition of interference (403.3(i)), definition of pass through (403.3(n)), the combined wastestream formula (403.6(e)) and the removal credits provision (403.7). All four portions have since been resolved subsequent to a decision handed down by the U.s. Court of Appeals on 8 July 1982. This ruling overturned deferment of these regulations. I I I I I I I The General Pretreatment Regulations call for two sets of standards: a) prohibited discharges; and, b) categorical pretreatment standards. Prohibited discharge standards apply to all nondomestic users of a POTW and limit or prohibit the discharge of pollutants that could inhibit or inter- fere with the operation or performance of the Publicly Owned Treatment Works (POTW). General characteristics of pollutants capable of inhibiting or interfering with the POTW are specified in Section II, under five clas- sifications. The POTW includes the treatment plant and any sewers convey- ing wastewater to the treatment works. Categorical pretreatment standards focus on the control of 65 classes of toxic pollutants discharged by 19 industrial categories identified in the 1976 consent decree agreement in the case of the Natural Resources Defense Council (NRDC) vs Train (the decree was amended in 1979 to 34 industrial categories and again in 1982 to 19 industries). Under the 1977 Clean Water Act, municipal pretreatment programs must enforce the national categorical standards as they are developed by EPA. I I I I I All Publicly Owned Treatment Works (POTW), as defined in Section 212 of the Water Pollution Control Act, having a design flow of more than 5 million gallons per day (MGD) are required to develop a pretreatment program by no later than July 1, 1983. Any POTW with a design flow of 5 MGD, or less, may also be required to develop a pretreatment program should the nature or volume of industrial influent cause interference in the operation of the POTW or allow pollutants to pass through the POTW untreated. INDUSTRIAL WASTEWATER SURVEY I I An Industrial Wastewater Survey, discussed in Section III, was conducted to determine the industrial users in the City of Salina affected by the General Pretreatment Regulations. The survey included distribution of 233 Industrial Waste Questionnaires, and a follow-up telephone survey, physical inspections and analysis of information provided on the questionnaires. The survey indicated that a total of ten industrial users may be subject to some part of the requirements of the General Pretreatment Regulations. Five of the ten users are or may be affected by categorical pretreatment standards when the standards are promulgated by EPA. The remaining five industries have the potential to discharge a wastewater which could be classified as a prohibited discharge. This determination was based on information provided on the questionnaires and/or available information on typical discharge characteristics from various types of manufacturers. I 1-2 I I POTW PRETREATMENT PROGRAM DEVELOPMENT I I General This report presents the basic requirements necessary for the City of Salina to implement, enforce and operate a POTW Pretreatment Program. Treatment Plant Loading I Treatment plant loading capacity information is presented in Section III of this report. The information includes limited data on the existing quanti- tative and qualitative characteristics of influent to each sewage treatment plant. The available capacities of both existing Wastewater Treatment Plants No. 1 and No. 2 are presented. The information can be used by the City in the future to develop specific pollutant limitations which can be included in Chapter 35 Salina Code of Ordinances or on the City-issued Industrial Wastewater Discharge Permits. Reserve capacity for additional industrial loading is available at Plant No.1. However, Plant No.2 is loaded to capacity at the present time. I I I I I Legal Authority Existing Kansas statutes provide the City of Salina the legal authority to implement and enforce an ordinance for the purpose of controlling industrial discharges to the City's collection and treatment system. Ordinance ammendments have been developed for this purpose and are included in Appendix F. A discussion of the City's legal authority is presented in Section V. These necessary amendments will modify Chapter 35 of the Salina Code of Ordinances to give the City authority to implement the pretreatment program. I I I I I I I I I Monitoring Program The monitoring program for the City of Salina is presented in Section VI. The monitoring program can be divided into two parts, sampling and enforcement. The program provides the POTW with a means of keeping informed on actual industrial contributions to the wastewater disposal system. This task can be accomplished by sampling industrial wastewater discharges. The sampling can be performed by two methods. The first method includes industrial self-monitoring by the industry and the second method includes surveillance and inspection by the City. The industrial self-monitoring system requires permitted industries to submit a report every six months, indicating to the POTW that they were in compliance with the Federal pretreatment standard(s) and/or City permit requirements during the previous six months. This report is called a Self-Monitoring Report. In addition, the City must implement a surveillance and inspection system to assure industrial compliance with applicable pretreatment standards or any limitations set in the ordinance and/or city-issued permit. This could include a spot check sampling program developed by the City in cooperation with the industry being monitored. 1-3 I I I I Pretreatment Program Reporting Requirements I The pretreatment regulations and ordinance amendments have specified certain reporting requirements with which both the POTW and affected users must comply. The reports include submission of the lBO-day facility reports, compliance date reports, progress reports and periodic self-monitoring reports. These reports must be submitted to the POTW within a specified time period. The reports will inform the POTW of industrial discharge characteristics and whether the user is in compliance with applicable Federal and/or local permit requirements. Pretreatment Ordinance Limitations I I All non-domestic users of the POTW are subject to prohibited discharge standards. These standards limit or prohibit the introduction of "slug" loads, heat, corrosive substances, flammable substances or oil and grease to the City's sewage system. The City may want to set specific pollutant limitations in the ordinance for all users or specify them on the wastewater discharge permit on an individual basis. I I I Article VII, Discharge Criteria, of the proposed Chapter 35 amendments contains the following discharge limitations: Oil and Grease Ph Heat 100 mg/l 5.0-9.0 1040 F (400 C) at treatment plant influent I I I I I At this time, there doesn't appear to be any need to establish additional prohibited discharge limitations in the ordinance. However, once the categorical pretreatment standards are promulgated, additional priority pollutant limitations will need to be enforced as they are developed by EPA. These limitations will be specified in the categorical standard that applies to each industry and will be placed on the City-issued discharge permit. I The General Pretreatment Regulations do allow for a variance to be granted from the limitations established in a categorical pretreatment standard These eligible variances include Fundamentally Different Factors (FDF) Determination, Removal Allowance, and Net/Gross Intake Pollutant Credit. These variances give the POTW and industries flexibility in complying with the pretreatment program requirements. Program Organization Structure I I The Salina POTW Pretreatment Program can be implemented and enforced through the part-time efforts of City personnel as determined in Section IX. The Director of Public Utilities will be responsible for administration of the program. The Director will be assisted by a Lab Technician and the City Attorney for field surveillance duties and legal counsel, respectively. II 1-4 j I I Revenue Sources I Permit fees should be implemented to reimburse the City for costs incurred in the operation of the POTW Pretreatment Program. The industries that may be permitted are shown on Tables D-1 and D-2 of Appendix D. The City may also require supplemental fees and additional user charges from any indus- trial users to recover costs for field surveillance and laboratory analysis. This requirement is discussed in more detail in Section 41-136 of proposed amended Salina Code of Ordinances. I I Permit System I The information gathered during the industrial survey indicates that five industries have the potential to discharge wastes that will be regulated by EPA's categorical pretreatment standards. The City will be required to issue discharge permits to these five industries and to perform surveillance and enforcement activities if necessary. The survey identified five industries that may discharge prohibited pollutants. The City may elect to issue these industries wastewater discharge permits although not required to do so. The five categorical and five prohibited industries are identified in Appendix D. I I I I I A standard permit fee should be assessed to cover expenses, such as sampling costs, incurred by the City to ensure compliance with federal requirements. On each permit, the City may set specific limitations as they are required, to comply with federal regulations or to protect the POTW from interference and upset. Once the remaining categorical standards are promulgated, addi- tional limitations will need to be included on permits and enforced. This may include permitting industries other than the five subject to categorical standards if they are found to be subject to the future categorical pretreat- ment standards. I I Public Participation I The purpose of this phase of the program is to inform the general public and affected users of the Pretreatment Program requirements. A public meeting which will allow industries, the public, and the City of Salina to discuss the Pretreatment Program as presented in this report will be scheduled. Any comments or suggestions by the public or industries will be considered by the City. I I I I I 1-5 I I SECTION II - PRETREATMENT PROGRAM OBJECTIVES I GENERAL I Public Law 95-217 (known as the Clean Water Act) requires that the City of Salina implement a Municipal Pretreatment Program (defined in the Code of Federal Regulations: CFR-Title 40, Part 35, Subpart E; "Municipal Waste- water Treatment Works", published September 27, 1978 and CFR-Title 40, Part 403; "General Pretreatment Regulations for Existing and New Sources of Pollution", published June 26, 1978). These regulations were amended on June 7, 1979. Additional amendments were proposed on November 3, 1980 and January 28, 1981. On October 13, 1981, EPA terminated the indefinite postponement of the January Amendments which made them effective March 31, 1981. On February 1, 1982, EPA deferred four sections in the 1981 Regulation amendments while making the rest of the 1981 Regulation effective. This deferment was rescinded by a U.S. Court of Appeals' ruling in July 1982. I I I I This report addresses the requirements set forth in both the General Pretreat- ment Regulation of June 26, 1978 and the additional amendments added previous to January 28, 1981, which became effective on March 31, 1981. I However, it is anticipated that there will be certain modifications to the regulation and amendments. If these changes do come about, new regulations may be proposed incorporating those changes in the future. The extent of these changes and their effect on this report are unknown at this time. I OBJECTIVES I The general objectives of the pretreatment program are to: I 1. Prevent the introduction of pollutants into the Publicly Owned Treatment Works (POTW) which would interfere with the operation of the POTW: including interference with effluent reuse, or disposal of municipal sludge. I I 2. Prevent the introduction of pollutants into the POTW which would pass through the treatment works or otherwise be incompatible with such works, or I 3. Improve the opportunities to recycle and reclaim municipal and industrial wastewaters and sludges. I NATIONAL PRETREATMENT STANDARDS General Pretreatment Regulations I The General Pretreatment Regulations requirements are not intended to affect any other State or local pretreatment standard or prohibition as long as the State or local requirements are not less stringent than the General Pretreatment Regulations and Amendments. I I II-I I I I The General Pretreatment Regulations and Amendments that govern industrial discharges to POTWs are divided into two basic sets of standards, namely, prohibited discharge standards and categorical pretreatment standards. Prohibited discharge standards apply to all non-domestic users of a POTW and limit or prohibit the discharge of pollutants specified in five general classifications. Categorical pretreatment standards apply to industrial categories identified by EPA. The categorical standards establish limi- tations on the discharge of priority toxic pollutants (See Appendix B). I I I Prohibited Discharge Standards Pollutants introduced into the POTW by any nondomestic user, shall not inhibit or interfere with the operation or performance of the POTW. The following general prohibitions apply to all such Hsers of the POTW: I l. POTW. Any pollutants which create a fire or explosion hazard in the I 2. Any pollutant which would cause corrosive structural damage to the POTW but in no case any discharges with a pH lower than 5.0. I 3. Any solid or viscous pollutants which would cause an obstruction to the flow in sewers or in any other way cause interference with the operation of the POTW. I I 4. Any pollutant ~- including oxygen demanding pollutants (BOD, etc.) -- released in a discharge of such volume or strength as to cause interference in the POTW. I 5. Heat in amounts which may inhibit biological activity in the POTW resulting in interference. In no case shall heat be discharged in such quantities that the temperature at the treatment works influent exceeds 400 C (1040 F). I If the POTW is found to be in violation of any NPDES permit requirement, or if interference is experienced at the POTW, the regulations require the POTW to develop and enforce specific limitations for the pollutant(s) causing the interference. I The maximum recommended concentration limitation(s) for pollutants causing a general prohibited discharge can be derived from the following sources: I I 1. Federal pretreatment guidelines and other information pertaining to the inhibition and/or interference of pollutants on secondary treatment systems. The threshold levels at which various pollutants begin to affect biological treatment processes can be predicted based on the strength of industrial discharges from all industrial contributors. I I 2. U.S. Drinking Water Standards can be used as a source of informa- tion to determine recommended effluent pollutant concentrations for pollutants such as sulfates, chlorides and certain heavy metals. I II-2 I I I 3. Limitations on compatible pollutants such as BOD, suspended solids can be derived based on the capacity of the POTW and its ability to treat various types of pollutants. I Any specific limits and/or prohibitions of pollutants established by the City may be incorporated in the City issued permits or in the Sewer Use Ordinance. These specific limits or prohibitions shall be in addition to the prohibited discharge standards. I Categorical Pretreatment Standards I The EPA has identified nineteen industrial categories which will be regulated by categorical standards. Each standard will limit the amount of priority pollutants an industry discharges to a POTW. Effluent limitations for each category are based on the best practicable technology and best available technology. Maximum permissible quantities and/or concentrations are developed by EPA through a two-phased approach. First, information is gathered on each industrial category from literature surveys, inquiries to professional contacts, seminars and meetings, and a survey and evaluation of various manufacturing facilities. Portfolios are also sent to various industries under each category requesting information on general plant data, raw materials consumed, specific processes used, composition of effluent streams, on-site wastewater treatment systems, waste transport, and treatment costs. Secondly, wastewater discharge from key industrial facilities is sampled for the 129 toxic pollutants listed in Appendix B, in addition to specific pollutants characteristic of an industrial subcategory. Standard collection, preservation, and analytical techniques are used to determine those toxic pollutants which are most prevalent and subsequently need to be regulated under each categorical standard. I I I I I I Under the General Pretreatment Regulations, 40 CFR, Parts 125 and 403 (F.R. Vol. 46, No. 18 - Wed., Jan. 28, 1981), the EPA identified thirty-four (34) industrial categories for which categorical pretreatment standards would be developed. Since the promulgation of that regulation, the list has under- gone several revisions. The latest schedule for categorical standards has been prepared by the EPA in response to National Resources Defense Council (NRDC) Consent Decree to the U.S. District Court on June 21, 1982. Under the decree, the EPA was denied additional time for the following: I I - Considering changes in cost due to recent changes in RCRA regulations I - Preparing Regulatory Impact Analyses for OMB review under Executive Order 12291 - Resolution of presently unanticipated issues I From that decree, compliance schedules were assigned by the Agency for nineteen (19) industrial categories, or fifteen less than proposed at the time of the ruling. Appendix A summarizes the final list of 19 industries. I One significant change has been the formation of the Metal Finishing Category which combined two previous categories: Electroplating and Machinery and Mechanical Products Manufacturing. The regulation (40 CFR 413 and 433, I I 11-3 I I I 31 August, 1982) was promulgated on 15 July 1983. Industries still included under the Electroplating Category (40 CFR 413) are indirect discharging job shop electroplaters and independent printed circuit board manufacturers. Part 413 applies only to discharges from the following six electroplating processes: I I I Electroplating Electroless Plating Anodizing Conversion Coating Chemical Etching and Milling Printed Circuit Board Manufacture I Under the newly formed Metal Finishing Category (40 CFR 433), facilities which operate one of the above processes are also regulated if they discharge from one or more of the 46 unit operations list under Appendix C of Part 433. The majority of industries in this category are integrated indirect discharging facilities which, prior to discharging into the POTW, combine electroplating waste streams with significant process waste streams not covered by the Electroplating Category. Other significant differences between the two categorical standards (Metal Finishing and Electroplating) are as follows: I I Since metal finishing standards combined two previous categories: electroplating and mechanical products, a significantly greater number of industries will, as a result, be regulated under the proposed standard. I I I I - The regulations for metal finishers are more comprehensive than the electroplating regulations. - The metal finishing regulations (433) have more stringent limitations for metals and cyanides than the electroplating category (413). - A total of 46 unit operations that generate wastewater falling into five waste groups (metals, cyanide, hexavalent chromium, oils, and solvents) were expanded from an original list of 6 electroplating operations. I - The metal plating category contains more stringent limitations for the discharge of total toxic organics (TTO), which is the numerical summa- tion of all values greater than 10 micrograms per liter for each of the 129 toxic organics. I I Based on the information now available, Beech Aircraft and Exline are the only industries discharging to the treatment facilities that are currently subject to the electroplating categorical standard. On 15 July 1983, the EPA published the final discharge standards for the Metal Finishing Point Source Category (40 CFR 433). Compliance deadlines for both categories are as follows: I I I 11-4 According to Section II of 40 CFR 413 and 433 all integrated facilities (facilities which, prior to treatment, combine electroplating waste streams with significant process streams not covered by the Electroplating Category) must comply with both Electroplating and Metal Finishing Categories. Exline and Beech Aircraft, classified as integrated facilities, are therefore subject to both categories and must comply with the less-stringent electro- plating standards by June 30, 1984. After February 15, 1986 they must comply with the more-stringent metal finishing standards. The following table compares maximum one-day effluent limits for both categories. When Parts 413 and 433 are read together, they create the pattern or "phased compliance". It must be understood that electroplating is simply one form of metal finishing, and that the Part 433 metal finishing standards will apply only to plants, such as Beech and Exline, which already practice electroplating as an integrated facility. By definition, an "integrated" facility is one that performs electroplating as only one of several operations necessary for the manufacture of a product at a single physical location and has significant quantities of process wastewater from non-electroplating manufacturing operations. According to an EPA interpretation of final rule (Federal Register - 26 Sept. 1983), "all facilities covered by the Part 433 metal finishing PSES* will first have been covered by the less stringent Part 413 electroplating standards. Almost all plants covered by the Part 413 electroplating standards must later meet the Part 433 metal finishing PSES; job shops and independent printed circuit board manufacturers are exempted from all Part 433 metal finishing PSES." I I I Baseline Report Job Shop Facility Integrated Facility I Final Compliance Job Shop Facility Integrated Facility I I I I I Pollutant Cadmium - mgfl Chromium - mgfl Copper - mgfl Lead - mgfl Nickel - mgfl Silver - mgfl Zinc - mgfl Cyanide mgfl Total Toxic Organics - mgfl I I I I I I I I Electroplating 1.2 7.0 4.5 0.7 4.1 1.2 4.2 1.9 2.13 Electroplating (40 CFR 413) Metal Finishing (40 CFR 433) Sept. 26, 1981 June 25, 1983 Feb. 27, 1984 Apr. 27, 1984 June 30, 1984 Feb. 15, 1986 Metal Finishing 0.69 2.77 3.38 0.69 3.98 0.43 2.61 1.20 2.13 Once the categorical standard or standards are promulgated, there will be various reports to be submitted by applicable users. The amount of time the user is given to submit those reports to the Director and other pertinent information is discussed in detail in the Ordinance Amendments. I I *Performance Standards for Existing Sources II-5 I I VARIANCES I Fundamentally Different Factors (FDF) Determination I Any interested party believing that the factors relating to an industrial contributor are fundamentally different from the factors considered during development of a categorical pretreatment standard and that the existence of those factors justifies different discharge limits from those specified in the applicable categorical pretreatment standard, may request an (FDF) variance in accordance with Section 403.13 of the General Pretreatment Regulations. I I Requests for variances with supporting evidence must be submitted in writing to the EPA by the industry. Requests must be submitted within 180 days after the effective date of a particular categorical pretreatment standard. Requests submitted after the 180-day period will not be considered. I Removal Allowance I I POTW removal of a specific pollutant means a reduction in the amount of a pollutant in the POTW's effluent or alteration of the nature of the pollutant by the POTW to a less toxic or harmless state prior to discharge. This reduction or alteration can be accomplished by processes either specifically designed in~o the POTW or incidental to the operation. Removal allowance for pollutants governed by categorical pretreatment standards, may be given for in-line treatment of biodegradable pollutants where removal can be calculated even if no detectable amount is found in the POTW influent. Dilution will not be considered in approving removal allowances. The inability of monitoring or detection equipment to analyze diluted nonde- gradable pollutants in influents or effluents will not be considered as meeting removal criteria. I I I I The initial application for authorization to revise discharge limits for users subject to present or future categorical pretreatment standards are required to be included with the POTW Pretreatment Program submission in accordance with Section 403.7 of the General Pretreatment Regulations. Subsequent applications covering additional pollutant limitations or modi- fications to current pollutant limitations may be processed only during the time of NPDES Permit reissuance. I Net/Gross Intake Pollutant Credit I If a particular priority pollutant is present in the water supply of a user, an allowance for that pollutant can be granted if intake water is drawn from the same body of water to which the POTW discharges. I Section 403.15 of the General Pretreatment Standards outlines the pro- cedures for this determination which includes; upon request of the indus- trial user, the applicable standard will be calculated on a "net" basis and adjusted to reflect credit for pollutants in the intake water, if the industrial user demonstrates the following: I I I II-6 I I 1. The user's intake water is drawn from the same body of water into which the discharge from its POTW is made. I 2. The treatment system operated by the user does not entirely remove the pollutants in the intake water. I 3. The pollutants in the intake water do not vary chemically or biologically from the pollutants limited by the applicable standards. I 4. The user does not significantly increase concentrations of pol- lutants in the intake water, even if the total amount of pollutants remains the same. I I I I I I I I I I I I I I 11-7 I I SECTION III - INDUSTRIAL SURVEY I GENERAL I It is the responsibility of the City to identify industrial users which may be subject to Federal, State and local pretreatment standards and require- ments. To accomplish this task, a 3-phase program was implemented which consisted of the following: I 1. General Information Source Review 2. Industrial Waste Questionnaire Survey 3. Questionnaire Follow-Up and Physical Inspections I The intent of the survey was to determine which industries within the City of Salina were subject to prohibited discharge and/or categorical pretreatment standards for "existing" sources. In order to identify the industries in Salina which discharge regulated pollutants into the POTW, several sources of information were reviewed. These sources included: I I 1. Kansas Department of Economic Development - "Directory of Kansas Manufacturers and Products", 1978-1979. I 2. Telephone directory yellow pages. I 3. The City of Salina Water Department listing of industrial and commercial accounts. I Through these sources, a master list of 233 industries was compiled. Based on the information provided by each industry, Standard Industrial Classification (SIC) codes were determined for each industry. The average daily water use was also recorded for each industry if the information was available. Refer to Appendix D for the list of industries identified. I I The master list in Appendix D may be updated in the future by the City by referring to the following sources: I 1. New Telephone Listings 2. New Directory of Kansas Mfgs. and Products 3. Utility Records Department 4. Building Permits 5. Tax Records 6. Sewer Connection Application Forms 7. Wastewater Discharge Permit Application Forms I I If a new industry moves into the City and no discharge information is available on the industry, then a questionnaire should be sent to the "new" industry to obtain the necessary information. I I I III-1 I I INDUSTRIAL WASTE QUESTIONNAIRE I Appendix C contains a sample questionnaire, cover letter and instructions. These items were sent to all 233 industries identified on the master list. The questionnaire was designed to determine if the industry was subject to prohibited discharge and/or categorical pretreatment standards and the quality and quantity of pollutants discharged. I I The type and amount of information provided in the returned questionnaires varied from one industry to another. Overall, the questionnaires displayed a tone of cooperation, between industries and the City of Salina. In many cases, certain discharge waste information was unavailable on many consti- tuents contained in fluids used in the particular manufacturing process(es) of a given industry. Two examples of this were industrial subcategories of commercial printing and photographic supplies. Most inks used in printing are patented and marketed under trade names with general titles affixed on product labels that do not list the chemical makeup of the ink. Likewise, developing fluid for photograph processing is marketed under trade names and the labels contained on the product do not list chemical composition. I I I The results of the industrial survey indicated that 11 of the 233 industrial users may have the potential of discharging regulated priority pollutants or prohibited pollutants. Technically, although all 233 users are subject to prohibited discharge standards, only these ten will probably need to be monitored and regulated by the City based on the information provided on the Questionnaires. Five of the ten users mentioned above may be subject to categorical pretreatment standards when they are developed. Refer to Appendix D for a list of industries subject to categorical pretreatment and/or prohibited discharge standards and the corresponding applicable standard. I I I I TELEPHONE SURVEY I A follow-up telephone survey was conducted to obtain necessary information not provided on the Questionnaires. The survey was also used to verify correct (SIC) codes and to provide other miscellaneous information submitted on the questionnares. Industries that had not submitted Questionnaires were also called to determine the reason for delay. Some industries were eliminated from further consideration based on the information obtained during the phone conversation. The industries "eliminated" were those industries that were not subject to either prohibited or categorical pretreat- ment standards. This usually included industries which discharged a domestic waste only. Industries which were subject to categorical standards based on their (SIC) codes due to their manufacturing processes were eliminated either because they discharged a domestic waste only or were considered a "dry" industry. I I I I I I III-2 I I SURVEY RESULTS I Based on the results of the industrial waste survey, of the 233 industries surveyed, ten users were identified as users either suspected of being subject to prohibited discharge standards due to their manufacturing processes or subject to categorical pretreatment standards based on their SIC code(s) and wastewater discharge characteristics. The remaining 223 industries were "eliminated" if the following circumstances were applicable: I I 1. If the industry did not have an SIC code subject to any of the categorical pretreatment standards and discharged a domestic waste only. I 2. If the industry was subject to a categorical pretreatment standard based on its SIC code but discharged a domestic waste only. I 3. If the industry was no longer in business or was a "dry" industry with no wastewater discharge. I 4. If the industry was not connected to the City sewer system. I Of the ten industries, five are suspected of being subject to prohibited discharge standards. They were identified as prohibited dischargers based on discharge information provided on the industrial waste questionnaires or City sampling data. Available sampling information on possible pollutants discharged from industries similar to the five industries was also reviewed in determining prohibited dischargers. If actual sampling data was not available for a particuliar industry, then EPA guidelines and/or sampling data from similiar types of industries were investigated to identify general discharge characteristics such as high BOD, etc. I I The remaining five industries were identified as being subject to categorical pretreatment standards due to their SIC codes and because they discharged a nondomestic wastewater. The industries were also found to be capable of discharging priority pollutants due to the nature to their manufacturing processes. I I Refer to Appendix D for a complete list of industries subject to either the prohibited or categorical pretreatment standards and the applicable standard for each industry. I Below is a list of those industries suspected of being subject to either the prohibited or categorical pretreatment standards and the corresponding water use and discharge flow (gpd) for each industry. The information was derived from the industrial waste questionnaires and City Water Department records. I I I I I III-3 I I I Amount Discharged Amount Not to City Average Water Use Discharged Sewer Estimate to City Estimated Industry gal/day* gall day"''* Sewer**"k gal/day 1- Asbury Hospital 65,435 66,614 12% 58,630 2. Beech Aircraft*7~ 26,100 26,100 23% 20, 150 3. Beverly Wholesale Meat, Inc. 2,940 N.A. N.A. 3,000 4. Exline, Inc. 4,000 4,000 12.5% 3,500 5. General Battery 29,865 100,000 50% 50,000 6. Research Products 11,117 3,520 0% 5,000 7. St. John's Hospital 49,627 48,605 7% 45,140 8. Tony's Pizza 70,493 120,000 17% 100,000***'\- 9. North American Philips (Westinghouse Electric) 212,471 176,080 47% 93,000 10. Wyatt Foundry, Inc. 3,245 N.A. N.A. 3,000 TOTAL 475,293 544,918 381,420 gal/day I I I I I I *Source: City records, 1980 ~~Source: Industrial Waste Questionnaire AkkEvaporation, contained in products, etc. ****Discharges to Plant No. 2 N.A. = Not Available I I The industrial waste questionnaires also indicated that toxic pollutants were being discharged to the wastewater disposal system from various industries as summarized below: I SUMMARY OF TOXIC POLLUTANTS DISCHARGED TO POTW* I Industry Concen tra tion~',* I General Battery Lead Iron 3.0 5.0 I Beech Aircraft Chlorinated Ethanes Chlorinated Phenols Chromium, Cr (hexavalent) Halomethanes Phenols Toluene 6.59 I 52.18 I I 1II-4 I I I Summary of Toxic Pollutants Discharged to POTW Continued I Industry Concentra tion'\-* I St. John's Hospital 2-Chlorophenol Chlorinated Phenols Silver Dinitrotoluene Phenols Cyanide Trichloroethylene .003 .05 .09 .05 I I North American Philips (Westinghouse) Antimony Cadmium Copper Lead Phenols Mercury Iron .013 .002 .41 .03 .115 .004 .33 I I I *Based on industrial waste questionnaires and City monitoring data. **All concent~ations are in mgjl. I PHYSICAL INSPECTIONS I After receiving all of the Questionnaires, it became apparent that more information was needed from certain industries. Therefore, meetings were scheduled between the City of Salina and each of the following industries: I Industry Date of Visit Discharges Wastewater To 1. Beech Aircraft November 10, 1981 Treatment Plant No. 2 2. Tony's Pizza December 1, 1981 Treatment Plant No. 2 3. Paris Corporation December 8, 1981 Treatment Plant No. 1 4. General Battery January 12, 1982 Treatment Plant No. 1 I I I Beech Aircraft and Tony's Pizza were inspected due to interference problems at Plant No.2. These two industries were identified as the two largest contributors to the treatment plant. The Paris Corporation and General Battery were inspected since they had a history of contributing slug loads to Plant No. 1 in the past. I The meetings generally included a discussion of the pretreatment program in general and how each industry was affected by the Federal pretreatment regulations. During the discussion, each industry provided specific informa- tion on its operations and wastewater discharge characteristics. The location of regulated and non-regulated process waste lines were also located and the process flow rate estimated. If the industry was thought to be subject to a categorical pretreatment standard, then the applicable standard was also discussed. I I I III-5 I I Below is a brief review of information obtained during the facility inspec- tions. I Beech Aircraft. Beech manufactures aircraft and aircraft parts. Based on the questionnaire and information gathered during the visit, it was determined that Beech had a chrome conversion coating operation and, therefore, was subject to the Electroplating Standard which was promulgated in final form January 28, 1981. I I The discharge to the City sewer was primarily rinse water from a chrome conversion coating operation. The only possible pollutant discharged was chrome which was estimated to be around 0.44 mg/l based on the sampling information provided on the questionnaire. The operation was basically a metal cleaning operation with a chrome coating tank. I I The pH varied from 6.0-8.0 and the temperature averaged around 900 F. Therefore, neither appeared to be excessive. Beech also had no recent history of producing slug loads to Treatment Plant No.2. I According to the categorical pretreatment standard, Beech would be con- sidered a "nonintegrated facilitytl. All nonintegrated facilities must be in compliance by April 27, 1984. I Tony's Pizza. Tony's Pizza was identified as an industry subject to pro- hibited discharge standards and not subject to any categorical standards. The primary products produced at Tony's include frozen pizza and Mexican food. Tony's has a history of high industrial waste loads and interference with Treatment Plant No.2 caused by slugs during clean-up operations. The loads are characterized by excessive oil and grease, solids and BOD loading. Recently, Tony's has made administrative efforts in preventing solids from entering the City sewer system. Pretreatment facilities at Tony's consist of grates and screens over the floor drains and solids traps located in certain areas of the plant. Tony's reports they have hired a man to clean out excessive solid accumulations at the treatment plant. I I I I Paris Corporation. The Paris Corporation was identified as an industry potentially subject to the Electric and Electronic Components Categorical Pretreatment Standard. It was also determined that the Paris Corporation had two (SIC) classifications of 3612 and 3825. Their primary products are electric outlet boxes and small transformers. The products are manufactured with "premanufactured components." I I Based on the investigation and information provided by Paris, the facility was found to be a "drytl industry with only normal domestic waste. Years ago the Paris had two paint-stripping facilities and occasionally produced slug loads. However, the operation has since been discontinued, and recently Treatment Plant No. 1 has not received excessive discharges or slug loads from the Paris Corporation. I I I I III-6 I I I General Battery. General Battery manufactures lead-acid batteries and is classified under SIC 3691. All non-domestic wastewaters are pretreated prior to discharge to the City sewer. The pretreatment system consists of a reaction tank, a settling tank and a sludge storage tank. Ammonia is added to the wastewater to control pH and sodium sulfate is added to precipitate iron and lead. Waste sludges are hauled to recycling facilities in Texas and Louisiana. A determination as to whether the pretreated wastes will comply with categorical standards cannot be made at this time. I I NPDES INDUSTRIAL MONITORING I The City of Salina routinely samples six local industries on a quarterly basis and submits the results of these surveys to the State (KDH&E). These industries include the following: I Industry Parameters Monitored I 1. 2. 3. 4. 5. 6. Beech Aircraft Federal Mogul Corp. General Battery Research Products Tony's Pizza North American Philips (Westinghouse Electric) TSS, pH, COD TSS, pH, O&G, COD TSS, pH TSS, pH, COD BOD, TSS, pH, O&G, COD TSS, pH, COD I I O&G = Oil and Grease BOD = Biochemical Oxygen Demand TSS = Total Suspended Solids COD = Chemical Oxygen Demand I I Below is a summary of the information provided on a recent NPDES monitoring report (Standard Form - A) from the six monitored industries. I Beech Aircraft (SIC) = 3721 Product: Aircraft Monitored Parameters: Discharge Flow = 500 gal/da~~ TSS = 192 mg/l COD = 240 mg/l Phenol= 52.18 mg/l Hex-Cr = .443 mg/l pH = 8.4 General Battery (SIC) = 3691 Product: Lead-Acid Batteries Monitored Parameters: Discharge Flow = 22,000 gal/day* TSS = 58 mg/l Fe = 4.45 mg/l Pb = 1. 4 mg/ I S04 = 5,552 mg/l pH = 8.15 I I I Federal-Mogul (SIC) = 3562 Product: Farm Machinery and Bearings Research Products (SIC) = 2879, 2041 Flour Bleach Monitored Parameters: Discharge Flow = 3,000 gal/da~~ TSS = 1026 mg/l COD = 2927 mg/l Cl = 800 mg/l pH = 8.1 I Monitored Parameters: Discharge Flow = 24,000 gal/day* TSS = 301 mg/l Fe = 1. 88 mg/l COD = 194 mg/l O&G = 128 mg/l pH = 9.2 I I III-7 I. I I Tony's Pizza Service (SIC) = 2038 Product: Frozen Pizza Monitored Parameters: Discharge Flow = 100,000 gal/day1( BOD = 542 mg/l TSS = 435 mg/l COD = 5,553 mg/l O&G = 2,140 mg/l pH = 6.5 - 8.6 North American Philips (Westinghouse Electric Corp.) (SIC) = 3641 Product: Fluorescent Lamps Monitored Parameters: Discharge Flow = 322,000 gal/day (con) TSS = 25 mg/l COD = 278 mg/l PO = 5.7 mg/l Sie2 = 25.0 mg/l pH = 2.1 - 10.1 I I *Intermittent Flow I Note: The concentrations (mg/l) are average values. I Of the six monitored industries, three industries have been identified as being subject to categorical pretreatment standards for "existing" sources based on (SIC) codes. These include Beech Aircraft, General Battery, and North American Philips (Westinghouse). Two other industries, Tony's and Research Products, discharge a waste which may be considered '~rohibited" and may be regulated by provisions incorporated in the Ordinance and/or on City-issued permits. I I I I I I I I I I I I III-8 I I I I I I I I I I I I I I I I I I I SECTION IV - TECHNICAL INFORMATION GENERAL The current amount of excess treatment capacity of the two treatment plants can be determined by correlating the existing loadings with the design loadings. The amount of allowable industrial discharge loadings can be established based on the current reserve capacity. The POTW can monitor industrial loadings and may, if necessary, limit these loadings to prevent plant interference. TREATMENT PLANT CAPACITY The general design parameters for the Salina Treatment Plant No. 1 are given below as presented in the "Sewage Study For Salina, Kansastl by Wilson & Company, Engineers & Architects, 1960. TREATMENT PLANT NO. 1 DESIGN AND ACTUAL WASTE FLOWS AND LOADINGS (DESIGN YEAR - 1980) Parameter Design Loading Parameter Actual Loading (1980) Flow Domestic Contribution 5.2 mgd Industrial Contribution 2.0 mgd Avg. Design Flow 7.2 mgd Peak Design Flow 15.8 mgd (including infiltration) Flow Avg. Actual Flow Peak Actual Flow 5.36 mgd 7.38 mgd Organic Loading Garbage Grinders 1,190 lbsjday Domestic BODs 11 , 100 lbsjday lbsjactual capitajday* .263 Industrial BODs 4,800 lbsjday Total BODs (263 mgjl) 17,090 lbsjday Solids Loading Garbage Grinders 4,100 lbsjday Domestic TSS 13,000 lbsjday lbsjactual capitajday* .324 Industrial TSS 4,000 lbsjday Total TSS (325 mgjl) 21,000 lbsjday Organic Loading Total BODs 10,892 lbsjday Solids Loading Total TSS 16,017 lbsjday *Assuming a current population of 40,500 persons. IV-1 I I I I I I The above information describes the design and actual flow, BOD and TSS loading received by Treatment Plant No. 1 from domestic and industrial sources. By comparing the actual loading with the design loading data, reserve capacity of Plant No.1 can be calculated (see table above). the TREATMENT PLANT NO. 1 RESERVE CAPACITY Parameter Reserve Capacity* Flow BOD TSS 34.3% 56.9% 31. 1% *During Average Conditions I I If there was no reserve capacity, the treatment plant would be overloaded and interference would likly occur. However, according to the values in the table, Treatment Plant No. 1 does have adequate capacity. I Since there appears to be no interference at the treatment plant, no discharge limitations for BOD and TSS concentrations need to be established in the Pretreatment Ordinance at this time. Should problems arise in the future with BOD and TSS loading, limitations can be determined based on these design parameters. I I Interference may also result from other types of discharge loadings such as those having a very low or high pH or wastes containing high amounts of oil and grease. Currently, the existing sewer use ordinance limits the concen- tration of oil and grease that can be discharged to 100 mgjl. The ordinance also prohibits wastewater not having a pH between 5.0 - 9.0. These limitations apply to all users on the sewer system, but may be monitored and enforced more closely by placing the limits on a city-issued wastewater discharge permit. The permit would require the users to comply with the limitations by sampling their discharge and recording the sampling results. (See discussion on Permit System in Section VIII.) Additional limitations for nonconventional pollutants or toxic pollutants from categorical pretreatment standards may also be placed on the wastewater discharge permit. I I I I Even though Treatment Plant No. 1 has had no recent problems with interference, there have been cases of process upsets due to slug loads being discharged by certain industries. The Ordinance defines a "slug" as "any discharge of water, wastewater or industrial waste in which the concentration of any given constituent or in which the quantity of flow for any period of duration longer than fifteen (15) minutes exceeds more than five (5) times the average twenty-four (24) hour concentration or flow quantities during normal operation." Therefore, it may be necessary to determine an average 24-hour concentration or flow quantity for each of the industries producing the slug loads to protect the plant from excessive loading and possible plant upsets. Maximum daily pollutant limitations may also be used to eliminate the slug loading. I I I I IV-2 I I I I I I I I I I I 'I I I I I I I I TREATMENT PLANT NO. 2 TREATMENT CAPACITY AND CURRENT WASTE FLOWS AND LOADINGS Parameter Capaci ty Current Loading Flow - gal/day 425,000 2,718 422,700 2,900 BODS - lbs/day Based on these estimates, there is no reserve capacity available at Plant No.2. IV-3 I I I I I I I I I I I I I I I I I I I GENERAL SECTION V - LEGAL AUTHORITY Section 403.8(f)(1) of the General Pretreatment Regulations requires that the POTW operate pursuant to legal authority, enforceable in Federal, State or local courts, which enables the POTW to enforce the requirements of Section 307(b) and (c) and Section 402(b)(8) of the Clean Water Act. INDUSTRIAL PRETREATMENT ORDINANCE Included as a part of this report (see Appendix F) is the Industrial Pre- treatment Ordinance. The following topic outline may be used to reference items in the proposed amendments. Sec. 18 - (a) (b) (c) (d) (e) (f) Sec. 41 - -100 -101 -102 -103 -104 TOPIC OUTLINE PROPOSED SALINA CODE OF ORDINANCES AMENDMENTS CHAPTER 18 HOUSING Article III - Use and Occupancy Regulations 75 Private Wastewater Disposal System. Connection required Permit for construction of private disposal system Lot size requirement Private disposal system abandonment Owner liability Health requirements CHAPTER 41 - WATER AND SEWER Article V - Use of Public and Private Sewers and Drains 99 (1 - 63) Definitions Public sanitation required Treatment required No privy Connection required Connection outside city limit V-I I I I I I I I I I Sec. 41 - -106 -107 -lOB -109 -110 -Ill -112 -113 -114 Sec. 41 - -116 (1) (2) (3) (4) (5) (6) (7) (B) (9) (10) (11) (12) -117 I I I I I I I I -l1B -119 -120 -121 41 - 122 -123 -124 I I 41 - 125 (1) (2) (3) -126 Article VI - Installation and Connection of Building Sewers & Drains 105 Tampering prohibited Permit requirements (see 41 - 13B for Industrial Users) User pays connection costs Building sewer requirements Old building sewers Sewer construction requirements (1) 4-inch pipe required (2) Pipe materials No combined sewers Sewer connection must conform to Plumbing Code Permit requirement (Connection Inspection) Construction safety and restoration Article VII - Discharge Criteria 115 No combined sewers (1 - 12) Prohibited Discharges - Interference, notification, control Explosive or injurious materials prohibited from sewer Prohibited materials, 100 mgll fats, oil & grease limit, 1/2-inch dimension pH limit 5 to 9 Interference, human hazard, toxic pollutants, categorical standard Noxious materials prohibited Interference with sludge use Interference causing NPDES violation Phenols, dye, tanning solutions, etc., prohibited Temperature limit Interference from BOD, slugs, slug load defined Radioactive waste Human hazard Enforcement of Prohibited Discharge, pretreatment and flow equalization Grease, oil and sand traps Control Manhole Measuremen~, sampling, tests and analysis Pretreatment Standards and requirements Article VIII - Penalties and Violations Vandalism Notice of ordinance violation Penalties Article IX - Industrial Pretreatment (1 - 3) Purpose of Pretreatment Program Prevent interference Pass through Recycle and reclaim Industrial Pretreatment Program V-2 I I I I -127 -128 -129 -130 -131 -132 -133 -134 I I -135 -136 -137 -138 -139 -140 -141 -142 -143 -144 -145 I I I -146 I I I -147 -148 -149 -150 -151 I I -152 -153 -154 I -155 -156 I I I -157 -158 -159 -160 I Scope and administration of program Prohibited discharges and interference [see 35 - 105 (1 - 12)J Federal Pretreatment Standard and notification Variances - consistent removal State pretreatment requirements City's right to revise limits or requirements Dilution prohibited (1, 2) Accidental discharge (1) Written report (2) Telephone report Pretreatment program fees (1 - 7) Charges and fees Discharge Permit required Industrial Wastewater Discharge Permit Permit application - compliance schedule - permit issuance Permit modifications - categorical standard compliance and report Permit conditions (1 - 10) Permit duration, reissuance and modification Permit transfer prohibited Pretreatment compliance date report (1-3) Periodic compliance reports (1) 6-month reports (2) Setting mass limits (3) Sampling and analysis requirements (1 - 3) (1) Control Structure (2) Sampling and Measuring (3) Construction of control structure and schedule Inspection and Sampling Pretreatment facilities Publication of non-compliance Availability of pretreatment records (1 - 3) Confidential information (1) Request for confidentiality (2) Government agencies (3) 10-day notice to release Suspension of sewerage service Suspension order, sewer connection severance, industrial report (1 - 4) Revocation of permit A. Factual reporting B. Discharge characteristics charge report C. Refusal of access to industrial premises D. Violation of permit conditions Violation Notice (a - d) Show cause hearing (a) Notice to appear (b) Hearing administration (c) Hearing record (d) Orders issued Legal action Civil penalties - fines, court costs Falsifying information - tampering with monitoring device Ordinance validity V-3 I I I The following listing referenced the Salina minimum requirements of legal authority set Pretreatment Regulations. I 1. Deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants to the POTW by industrial users. I I 2. Require compliance with applicable Pretreatment Standards and Requirements (PS&R) by industrial users. I 3. Control, through permit, contract, order or similar means, the contribution to the POTW by each user to ensure com- pliance with applicable PS&R. I 4. Require: I The development of a compliance schedule by each user for the installation of technology required to meet applicable PS&R. a. I b. The submission of all notices and self-monitoring reports from users as are necessary to assess and assure compliance by users with PS&R, including but not limited to the reports required in Section 403.12 of the General Pretreat- ment Regulations. I I I 5. Carry out all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by users compliance or noncompliance with applicable PS&R. Representatives of the POTW shall be authorized to enter any premises of any user in which an effluent source or treat- ment system is located or in which records are required to be kept under Section 403.12(m) of the General Pretreatment Regulations to assure compliance with PS&R. I I I 6. Obtain remedies for non-compliance by any nondomestic discharger with any Pretreatment Standard and/or requirement of the Pretreatment Program. I I 7. Comply with the confidentiality require- ments set forth in Part 403.14 of the General Pretreatment Regulations. V-4 I Code Section numbers to the forth in the Federal General Sections 41-116, 41-117, 41-148, 41-152 Sections 41-121, 41-125, 41-129, 41-131, 41-148 Sections 41-115, 41-116, 41-118, 41-126, 41-127, 41-132, 41-137, 41-138, 41-154 Sections 41-139, 41-141, 41-144, 41-145 Sections 41-119, 41-120, 41-146, 41-147 Sections 41-122, 41-123, 41-124, 41-155, 41-156, 41-157, 41-158, 41-159 Sections 41-150, 41-151 I I SECTION VI - MONITORING PROGRAM DEVELOPMENT I I I I GENERAL An essential requirement of an approvable Pretreatment Program is the ability of the Director to notify industrial users which are to be regulated under the pretreatment regulations of all applicable pretreatment standards. Industry must be given timely notification of any applicable requirements under Section 405 of the Water Pollution Control Act and Sections 3001, 3004 and 4004 of the Solid Waste Disposal Act. These sections refer to disposal of sewage sludge, hazardous waste identification, hazardous waste treatment and sanitary landfills, respectively. I Management of the POTW Pretreatment Program requires a constant flow of information on the quality and quantity of industrial contributions to the POTW. The function of a monitoring program is to provide a mechanism by which the POTW can obtain the necessary information on all monitored industrial users. This information is used for program items such as ascertaining charges and fees, completion of reports and assurance of continuing compliance with ordinance provisions. I I A schematic showing the steps necessary for a city to develop a monitoring program is presented in Appendix G. I The monitoring program should constitute two phases: industrial self- monitoring and municipal surveillance and inspection. I MONITORING Industrial Self-Monitoring I To assure that industries comply with pretreatment standards, the City may require that industries sample and analyze their wastewater. Thereby, the City can review information furnished by each industry to determine whether or not the industry was in compliance with applicable requirements. It is recommended that only permitted industries be required to submit a self- monitoring report. I I I Industrial Self-Monitoring Reports I Sampling and analysis of the discharge from each regulated process is required by the General Pretreatment Regulations and Amendments. The frequency of monitoring will be prescribed in the applicable industrial categorical pretreatment standard with analyses to conform to procedures established in 40 CFR Part 136 (see Appendix H). Should 40 eFR 136 not include sampling or analyses techniques for a specific pollutant, then techniques prescribed in USEPA publication "Sampling and Analysis Procedures for Screening of Priority Pollutants" (April 1977) should be used. As a minimum, laboratory records should include: I I I VI-1 I I I 1. The date, exact place, method and time of sampling. 2. Name of person taking sample. 3. Dates analyses were performed. 4. Analytical techniques/methods used. 5. Name of person performing analyses. 6. Results of analyses. I Industrial Self-Monitoring Reports should be submitted a m1n1mum of twice a year to the POTW by each user subject to categorical pretreatment standards or as often as the POTW feels necessary. Submittals should be made in the months of June and December, or other months approved by the City that indicate seasonal variations. The report covers specific phases of industrial operations for the 6-month period leading up to the submittal. Information to be included in the self-monitoring report and in the lBO-day Facility Report is defined in 40 CFR 403.12 and is generally stated as follows: I I I l. 2. 3. The name, address and location of the Industrial User. List of any environmental control permits held. The nature, average rate of production and standard industrial classification (SIC) of the operation carried out by such Industrial User. The average and maximum flow of the discharge from such Industrial User to the POTW in gallons per day. The nature and concentration of pollutants in the discharge from each regulated process. A statement reviewed by an authorized representative of the Industrial User and certified by a qualified professional. I 4. I I 5. 6. a. An authorized representative may be a principal executive officer of at least the level of vice president if the Industrial User is a corporation, a general partner or proprietor if a partnership or sole proprietorship, or a duly authorized representative with responsibility for the overall operation of the facility from which the Indirect Discharge originates. I I I b. A qualified professional has been defined as a person who is able to understand the technical data and its implications and mayor may not be an employee of the Industrial User. The definition of a qualified professional is left to the discretion of the Industrial User. I I 7. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the Industrial User will provide such additional pretreatment will be required. I Existing contributors are to report information contained in items 1-7 above, while new contributors are to report information contained in items 1-5, after discharges to the POTW commence. A sample lBO-Day Facility Report for electroplating operations is included in Appendix I. Both Self-Monitoring Reports and lBO-Day Facility Reports should be tailor-made to meet the requirements of each individual industrial subcategory. I I I VI-2 I I I Industrial users are also required to notify the POTW immediately when aware of spill/slug loadings of any pollutant to the POTW. Spills of hazardous substances regulated by 40 CFR Part 117, Section 117.13(a) should be reported and immediate action taken by both the Industrial User respon- sible and the POTW to mitigate any adverse effects to personnel, general public, equipment, treatment processes and the environment. I I The City must retain lBO-Day Facility Reports and self-monitoring reports submitted by industrial users for a period not less than 3 years, and longer if litigation is pending. These records must be available for review by representatives of KDH&E and the EPA upon request. Furthermore, the City is required to comply with the public participation requirements of CFR-Title 40 Part 25 in the enforcement of General Pretreatment Regula- tions. This would include annual public notification in the daily newspaper of users that failed to meet standards at any time in the preceding twelve months and any enforcement action taken by the City. I I Should the City and certain industries decide to modify pretreatment stand- ards through a POTW removal allowance, additional reporting requirements must be met as described in Section 403.7 of the General Pretreatment Regulations. These requirements include the submission of lBO-Day Facility Reports to KDH&E and EPA by the POTW regarding pollutant concentrations in the POTWs influent, effluent and sludge. I I I City Surveillance Monitoring I Municipal surveillance and inspection of industries by the City will be performed independent of information supplied by industry, to assure con- tinuing compliance with the provisions of the Industrial Pretreatment Ordinance and/or City-issued permit. I The Municipal Pretreatment Program should include random sampling of effluent from regulated processes at intervals necessary to assure continued compli- ance. The sampling frequency will depend on the available equipment and manpower. The City Lab Technician should be responsible for collecting random samples from specified industrial users on a periodic basis. The frequency of the sampling may be determined by the Director on a case by case basis with the industries involved. Samples should be collected over a 24-hour period and refrigerated in transit to preserve the sample. The sample can then be analyzed at the POTW laboratory or at a laboratory contracted by the City. The results of the analysis should then be available for enforcement purposes, if required, and be available to the EPA Regional Administrator upon request. Sample collection and analysis, and collection of other information should be performed in such a manner so as to produce evidence admissible in court. This program of sampling should be provided for all industrial contributions subject to categorical pretreatment standards and may include industries in the City of Salina subject to prohibited discharge standards. I I I I I I I VI-3 I I SPILL PREVENTION CONTROL AND COUNTER MEASURES PLAN I Although not a Pretreatment Program requirement, every industrial facility which handles potentially harmful substances should have a prepared Spill Prevention Control and Counter Measures Plan (SPCCP). Responsible industry personnel should be familiar with the SPCCP and reporting and control procedures in case of accidental spills. The following information should be relayed by telephone to the POTW immediately: I I I I 1. The name and address of the company involved. 2. The name of the individual reporting the spill and telephone number where he/she can be reached. 3. The time and location of the spill. 4. The type of material involved, its volume and any associated hazards. 5. The action being taken to control the spill. I I This information can then be used to determine the route of the spilled material, reaction time available, precautions to follow, containment locations, necessary equipment, endangered facilities, and additional parties to alert. A written report should be submitted to the POTW within 5 days to record the reason for the spill, mitigative action taken and steps initiated to prevent future recurrence. Such cooperative efforts between industry and the POTW can minimize the severity and damage caused by a spill. I SAMPLING I Several sampling techniques may be employed in a monitoring program, including: 1. Composite samples a. Flow proportional b. Timed interval Grab samples I 2. I The sampling technique and required number of samples will primarily depend on the industry monitored and the type of process waste discharged. I I For example, grab sampling is the recommended sampling technique when the maximum pollutant concentrations are expected in the process effluent and the concentrations need to be compared to one day maximum values to determine compliance. This method must also be used when sampling for volatile pollutants. I Composite sampling may be used to get representative samples of the total wastewater discharge. Flow proportional composites are best for determining actual overall loading to sewer system in spite of the fluctuating concen- trations. A timed interval composite is simpler to take than a flow proportional. I I I Industrial self-monitoring records must be retained for a period of not less than three years, and longer if litigation is pending. VI-4 I I LABORATORY TESTING I Currently, the City of Salina has the necessary equipment available to perform field surveillance activities, therefore, no additional sampling equipment will be required at this time. There will be a limited amount of laboratory testing done at the treatment plant laboratory. Analysis on many pollutants such as "priority" pollutants will need to be performed at an outside laboratory. I I I The following table indicates the laboratory testing capability available at the Salina Wastewater Treatment Plant. I I I I I I I I I I I I I VI-S I I I I I I I I I I I I I I I I I I I CITY OF SALINA WASTEWATER TREATMENT PLANT LABORATORY CAPABILITIES A. Certified by KDH&E. Parameter Test Method BOD Modify Winkler TSS Gravimetric and Glass Fider COD Dichromate Reflax, Coloimetric Lead Dithizone Sulfate Turbidimetric Ph Standard Meter Temperature Standard Thermometer B. Available Equipment and Reagents (Not Certified) . Parameter Test Methods Solids (total, dissolved, Acidity Alkalini ty Boron Chloride Chloride Chromium (hex) (total) Gravimetric volatile, settleable solids) Titration Titration Carmine Mercuric Nitrate DPD & Orthotolidine 1, 2-Diphenylcarbohydraxide Alkaline Hypobromite Oxidation Bicinchoninate Pyridne-Pyrazonlone 1, 10-Phenanthroline & Ferrozine Periodate Oxidation Heptoxine Copper Cyanide Iron Manganese Nickel Nitrogen Ammonia Kjeidahl Nitrate Nitrite Nessler Nessler Cadmium Reduction Diazatization Soxhlet Extraction & 1, 1, 2 Trichloraethane 4-Aminoantipyrine Ascorbic Acid 3, 3 Dianimobenzidine Extraction Heteropoly Blue Meter Methylene Blue Turbidimetric Titration Oil Phenols Phosphate Selenium Silica Conductance Sulfide Sulfate Sulfite Volatile Acid Cardondioxide Zinc Titrimetric (gas) Volumetric Zincon VI-6 I I SECTION VII - PRETREATMENT PROGRAM REPORTING REQUIREMENTS I GENERAL I Once the final categorical pretreatment standards are published for an industrial subcategory, time is allotted for industry evaluation of com- pliance needs, reporting of facility compliance status, and the instal- lation of processes or procedures necessary to maintain compliance. Normally, 36 months are provided after the effective date of a categorical pretreatment standard for industry to achieve compliance. I I 1. Within 60 days of the effective date of a final categorical pretreat- ment standard, the affected users may request certification from the Region VII office of the Environmental Protection Agency (EPA) or the approval authority to the effect that the user does (or does not) fall within the particular categorical subcategory. Sections 403.6 and 403.12(b) of the General Pretreatment Regulations (contained in Appendix L) delineate the specific steps required of all parties. I I I 2. Within 60 days of the effective date of the applicable categorical pretreatment standard, a POTW may file for a net gross intake pollutant credit. If a particular priority pollutant is present in the raw water supply, an allowance for that pollutant may be made if intake water is drawn from the same body of water to which the POTW discharges and all other requirements are met. I I 3. Within 180 days of the effective date of the categorical pretreatment standard, an industry may request a fundamentally different factors variance (FDF). Anyone believing that factors relating to a user are fundamentally different from the factors considered during development of a categorical pretreatment standard may request a fundamentally different factors variance under Section 403.13 of the General Pretreatment Regulations and Amendments. I I 4. Within 180 days of the effective date of the categorical pretreatment standard or 180 days after the final administrative decision made upon a category determination submission under Section 403.6(a)(4), whichever is later, an Initial 180-day Facility Report should be filed with the City. For industrial users not in compliance, a pretreatment compliance schedule will be developed during this period and included as a part of the Initial Facility Report. The compliance schedule may also be included with the discharge permit if the industry is permitted. A maximum of three years is allotted from the effective date of the regulation to enable those Industrial Users not in compliance to develop and install systems or initiate procedures which will enable them to meet the standards. During this implementation phase, progress reports are required to document compliance activity. I I I I I 5. Within 90 days after reaching compliance by existing users or within 90 days after commencing discharge to a POTW by new users, a compliance date report must be submitted to the City. The industrial user must initiate self-monitoring reports at six month intervals to document continued com- pliance with the standards after the final compliance date stated in the regulations. I VII -1 I I 6. The industrial user shall notify the POTW immediately of any slug loading (40 CFR 403.12(f)). I NPDES PERMIT LIMITATIONS I I The POTW's NPDES permit contains limits on the concentrations of specific pollutants that the POTW can discharge. If the limits are exceeded or if the treatment system is disrupted, then the City must determine the source of the pollutants causing interference and take immediate action. Once the source is identified, the POTW should notify the suspected industry or industries and resolve the problem. If the industry does not cooperate with the POTW, the POTW can implement other enforcement actions such as disconnecting the industry from the City sanitary sewerage system and/or water supply to protect against possible treatment plant upset. (See section on Enforcement.) I I I CITY-ISSUED PERMIT Permitted Industries I I It is recommended that the City of Salina consider permitting a m1n1mum of five industries listed in Appendix D. A sample permit form is included in Appendix N. Included are those industries subject to categorical pretreatment standards that discharge, or have the potential to discharge regulated toxic pollutant(s). In addition, the City may elect to permit those five industries subject to prohibited discharge standards that discharge a non-domestic waste capable of inhibiting or interfering with the operation or performance of the POTW. I I If the industry to be permitted is included in one of the lists in Appendix D, the industry was sent an industrial questionnaire and can be considered an "existing" user. If an industry moves into the City after this report is completed or was not sent a questionnaire, then the industry is considered a "new" industry. The City should keep any available general information on "existing" industries on file to provide a reliable, up-to-date source of industrial wastewater discharge information. The file may contain a copy of the industrial waste questionnaire returned by the industry or any information obtained during the physical inspection of the industry. Any sampling and/or laboratory testing data on an industry's wastewater discharge may also be filed for reference. I I I Based on the information on the "existing" industries, the City should be able to determine the parameters that will need to be placed on the permit and the corresponding concentration limitations for each of the parameters. The specific pollutant limitations to be placed on the wastewater discharge permit to be monitored and enforced by the City may be derived from the following sources: I I I I VII-2 I I 1. Limitations specified in the Sewer Use Ordinance Amendments (Appendix F). 2. National categorical Pretreatment Standards. 3. Local limitations developed by the City to prevent interference or the introduction of incompatible pollutants to prevent any NPDES permit violations from occurring at the wastewater treatment plant. I I Below is a list of the ten industries that the City may permit once the categorical standards are promulgated and effective or at any time after the Ordinance Amendments are effective. Since specific pollutant limitations for prohibited dischargers may be developed on a local level, they may be set and placed on the permit as they are developed by the City. However, specific limits for industries subject to categorical standards are developed on a national level by EPA and will be included in the categorical standard once the standard is developed. Once the categorical standard is effective, the City may place any applic- able limitations from the categorical standard on the the wastewater discharge permit. The City should also determine whether the standard applies to any of the other "existing" industries subject to categorical standards not included on the list of permitted industries. To determine this, the City should refer to the list in Appendix D titled "Existing Industries Subject to Categorical Standards". These are industries which are subject to categorical standards based on their standard industrial classification (SIC) only. During the survey it was recommended that they not be permitted since they only discharge domestic waste. However, should any of the industries on the list change their processes, then the industry's discharge must be re-evaluated to determine if any regulated pollutants in the cate- gorical standard are being discharged. If there are regulated pollutants discharged, the City must decide whether to monitor the industry based on the nature of the waste. I Industry I 1. Asbury Hospital 2. Beech Aircraft 3. Beverly Wholesale Meat, Inc. 4. Exline, Inc. 5. General Battery Corp. 6. Research Products 7. St. John's Hospital 8. Tony's Pizza Service 9. North American Philips (Westinghouse Electric Corp.) 10. Wyatt Foundry, Inc. I I I I I I I I I I Reason For Permitting Subject to prohibited discharge standards. Subject to categorical standard. Subject to prohibited discharge standards. Subject to categorical standards. Subject to categorical standards. Subject to prohibited discharge standards. Subject to prohibited discharge standards. Subject to prohibited discharge standards. Subject to categorical standards. Subject to categorical standards. If the industry is not being permitted, then the City should inform the industry of the categorical standard requirements and determine if the requirements are applicable to that industry. This task can be accomplished in many ways, but may include the following: I I I VII-3 I I 1. Review the industry's industrial waste questionnaire if available. If a questionnaire was not sent to the industry, one should be sent. I I 2. Establish an SIC code or codes for the industry. is subject to the categorical pretreatment standards. of the 1978 General Pretreatment Regulations. Determine if the SIC Refer to Appendix C I 3. Determine whether the industry operates any regulated processes similiar to the subcategories contained in the categorical standard. Also, identify whether any regulated pollutants are discharged in the industry's process wastewater. I If the industry does qualify for the above requirements, then it is likely to be subject to a categorical standard. If the industry is subject to a standard, then the regulated pollutants from the standard should be placed on the industrial wastewater permit and should be monitored and enforced. I I A prototype Industrial Wastewater Discharge Permit Application, Permit and Statement of Permit Conditions are contained in Appendix N. Revocation of Permit I According to the Pretreatment Ordinance, a user's wastewater discharge permit may be revoked for the following reasons: I 1. Failure of a user to factually report the wastewater constituents and characteristics of its discharge. I 2. Failure of the user to report significant changes in operations or wastewater constituents and characteristics. I 3. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring. I 4. Violation of conditions of the permit. I I I I I I VII-4 I, I SECTION VIII - ENFORCEMENT MONITORING 1 GENERAL I Upon enactment of the proposed amendments to Chapter 41 of the Salina Code of Ordinances, the City will have the legal authority to implement the Pretreatment Program. Some specific pollutant limitations are set in the Ordinance. Some industries may be required to pretreat their wastewater to comply with these limitations. I I Should problems arise in the future with treatment process upsets due to the contribution of priority pollutants, or if sludge management requirements are violated, the City has authority to promulgate and enforce additional limitations on any industrial pollutants as required to eliminate the interference or as specified in categorical pretreatment and/or prohibited discharge standards. These limitations may be monitored and enforced by placing them in wastewater discharge permits issued by the City (see Permits section). I I PRETREATMENT ORDINANCE LIMITATIONS 1 Specific pollutant limitations on industrial discharges will be established in the Chapter 41 Ordinance amendments when enacted and will include the following limitations: I I 1. pH - within range of 5.0-9.0 2. Oil and Grease - maximum, 100 mgll 3. Heat - maximum, 400C (1040F) at treatment plant influent. I The amended ordinance shall also provide descriptions of discharges which are prohibited from the sewer system. Specific quantitative values are used to limit and control such discharges from damaging the sanitary sewer system, including the wastewater treatment plant. The prohibited substances and the ordinance limitations include the following: I I 1. Substances Causing Fire or Explosions - Any liquid, solid or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances able to cause fire or explosions. At no time shall two (2) successive readings on an explosion hazard meter at the point of discharge into the system be more than five percent (5%), nor any single reading over ten percent (10%), of the lower explosive limit (LEL) of the meter. I I 2. Solid or Viscous Substances which may obstruct the sewer flow such as, but not limited to, grease or garbage with particles greater than one-half inch (1/2") in any dimension. See Section 41-116.2 of the Ordinance. I I 3. Slug Loads having a flow rate or containing concentration or qualities of pollutants that exceed, for any time period longer than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concen- tration, quantities, or flow during normal operation. I VII I -1 I I SECTION IX - PROGRAM ORGANIZATIONAL STRUCTURE AND REVENUE SOURCES I GENERAL I The success of a POTW Pretreatment Program depends upon the manner in which it is developed, managed and enforced. The structure of the Program is directly related to the size and complexity of the system. The City of Salina does not require the resources necessary to provide a group of people with the sole responsibility for the pretreatment program. Rather, a loosely defined structure with part-time involvement by City personnel and limited contracted laboratory services should be sufficient. Implemen- tation of an equitable system of charges and fees applied to each industrial concern should supply the necessary monetary resources to operate and maintain the POTW Pretreatment Program. (See Appendix K) I I I ORGANIZATIONAL STRUCTURE I I An effective pretreatment program requires administrative superv~s~on for day-to-day management, clerical involvement to maintain organization, legal counsel to assure enforcement, and skilled field crews for surveillance of industrial discharge contributions. I The administrative role should rest with a single person knowledgeable of all aspects of pollution control within the jurisdictional boundaries of the City of Salina. Specific functions of administration should include basic policy decisions; management of budgetary needs; personnel admini- stration; and coordination with the public and appropriate municipal, State and Federal authorities. The Director of Public Utilities possesses the necessary resources for this role. I I A clerical staff should be provided on a part-time basis to perform any necessary typing, filing and record keeping duties. Specific functions of the clerical staff would include typing of notices, permits, permit appli- cations and standard letters. Limited report processing could also be done once the program is established. General filing and record keeping of self-monitoring reports, progress reports and lBO-day facility reports would also be a responsibility. The City of Salina may utilize these services through existing clerical staff. For example, the staff handling the billings for water and sewer services could be utilized between billing periods. I I I I Legal counsel should be provided for legal services regarding enforcement of pretreatment standards and regulations for the City of Salina. Specific functions of the attorney should include; assistance in evaluation of suspected violations; notification of suspected violators, participation in follow-up meetings with violators; and preparation of briefs for litigation and court action. The City of Salina may utilize these services through the City Attorney. I I I IX-l I I I Field crews may be provided through the part-time efforts of the Wastewater Treatment Plant operator, lab technicians or other City personnel, through contracted laboratory services or through a combination using both City personnel and contracted laboratory services. In any case, the specific function of the field crew should include; sampling and flow measurement, inspection of plant and pretreatment operations at the time of sampling; maintenance of specialized field equipment; performance of specialized monitoring activities in connection with locating the source of problems within the system; and limited enforcement activities. The City of Salina may provide these services through existing employees of the Water and Sewerage Department of Utilities and through contracted laboratory services. 1 I I At the present, a single individual has been sampling and testing wastewater from monitored industries for the City of Salina. This includes sampling and testing of wastewater from six industries listed in Appendix D. In the future, it may be necessary to require assistance from another employee if the City decides to monitor additional industries. However, at the present, another position does not appear to be necessary. I I An organizational chart for the City of Salina Pretreatment Program is included in Appendix J. I REVENUE SOURCES I The part-time efforts of personnel employed by the City of Salina should be adequate for the operation of the pretreatment program with the exception of specialized contract services that may be required from a private labor- atory or consulting engineer. I I To reimburse the costs incurred by the City of Salina, an equitable system of charges and fees should be applied to each applicable industrial concern. Extraordinary costs, such as those due to enforcement or cleanup actions, should be recovered from the firm against which the action took place. 1 The system for recovery of costs shall include basic annual permit fees for the recovery of administrative, clerical and general legal costs. Supple- mental charges for industries requiring laboratory analyses of process wastewater discharges shall be recovered from the industry(s) requiring the sampling and analysis. A preliminary listing of man-hours and related costs can be found in Appendix K. Also included is a table showing the revenue sources of the program. I I I I .1 I IX-2 I I SECTION X - PUBLIC PARTICIPATION I GENERAL I The Federal Pretreatment Regulations require the City to publish once each year in the largest newspaper of the City the names of those industries which were significantly violating the Pretreatment Program Standards or Requirements during the year. A significant violation would be those violations which remain uncorrected 45 days after notification of non- compliance; which are part of a pattern of non-compliance over a 12-month period; which involve a failure to accurately report non-compliance; or which result in the POTW exercising its emergency enforcement authority. I I 1 I I -I I 1 I I I I I I I I X-I I I I I I I I I I I I I I I I I , I I , II APPENDIX A CATEGORIES OF NINETEEN INDUSTRIES A-I I I I I I I I I I I I I I I I I I I I APPENDIX A INDUSTRIAL CATEGORIES WITH PROPOSED STANDARDS OF FINAL PRETREATMENT Industrial Category Proposed Promulgated Compliance Aluminum Forming Nov 22, 1982 Sept 1983 July 1986 Battery Manufacturing Nov 10, 1982 Jan 1984 June 1986 Coil Coating (Phase I) Jan 12, 1981 Dec 1, 1982 Dec 1, 1985 Copper Forming Nov 12, 1982 July 1984 Oct 1986 Elec. and Electronic Compo Aug 24, 1982 Mar 9, 1983 July 1984 Electroplating Feb 2, 1978 Jan 28, 1981 Jun 30, 1984 Inorganic Chemicals Jul 24, 1980 Jun 29, 1982 Aug 12, 1985 Iron and Steel Mfg. Jan 7, 1981 May 27, 1982 JulIO, 1985 Leather Tanning and Finishing Jul 2, 1979 Nov 23, 1982 Nov 26, 1985 Metal Finishing Aug 31, 1982 Jul 15, 1983 April 1984 Metal Molding and Casting (Found) Nov 15, 1982 August 1983 August 1985 Nonferrous Metals (I) Jan 17, 1983 January 1984 Organic Chemicals Mar 31, 1982 March 1984 Pesticides Nov 30, 1982 Dec 1982 July 1984 Petroleum Refining Dec 21, 1979 Oct 18, 1982 Dec 1, 1985 Pharmaceutical Mfg. Nov 26, 1982 Sept 1983 July 1984 Porcelain Enameling Jan 27, 1981 Nov 24, 1982 N ov 25, 1985 Pulp, Paper and Paperboard Jan 6, 1981 Nov 18, 1982 July 1, 1984 Steam Electric Oct 14, 1980 Nov 19, 1982 July 1, 1984 A-2 I I I I I I I I 'I I I I I I I I I I I APPENDIX B 65 CLASSES OF TOXIC POLLUTANTS (Part I) AND 129 PRIORITY POLLUTANTS (Part II) B-1 I I I I I I I I I I ,I I I I I I I I I APPENDIX B 65 CLASSES OF TOXIC POLLUTANTS* (Part I) I. Acenaphthene 34. Endrin and metabolites 2. Acrolein 35. Ethylbenzene 3. Acrylonitrile 36. Fluoroanthene 4. Aldrin/Dieldrin 37. Haloethers 5. Antimony and compounds 38. Halomethanes 6. Arsenic and compounds 39. Heptachlor and metabolites 7. Asbestos 40. Hexachlorobutadiene 8. Benzene 4I. Hexachlorocyclohexane (all isomers) 9. Benzidine 42. Hexachlorocyclopentadiene 10. Beryllium and compounds 43. Isophorone II. Cadmium and compounds 44. Lead and compounds 12. Carbon tetrachloride 45. Mercury and compounds 13. Chlordane and metabolites 46. Naphthalene 14. Chlorinated benzenes 47. Nickel and compounds 15. Chlorinated ethanes 48. Nitrobenzene 16. Chloroalkyl ethers 49. Nitrophenols 17. Chlorinated naphthalene 50. Nitrosamines 18. Chlorinated phenols 5I. Pentachlorophenol 19. Chloroform 52. Phenol 20. 2-chlorophenol 53. Phthalate esters 2I. Chromium and compounds 54. Polychlorinated biphenyls (PCBs) 22. Copper and compounds 55. Polynuclear aromatic hydrocarbons 23. cyanides 56. Selenium and compounds 24. DDT and metabolites 57. Silver and compounds 25. 1,2-1,3- and 1,4-dichlorabenzenes 58. 2,3,7,8-Tetrachlorodibenzo- p-dioxin (TCDDO 26. 1,1- and 1,2-dichloroethylene 59. Tetrachloroethylene 27. Dichlorobenzidine 60. Thallium and compounds 28. 2,4-dichlorophenol 6I. Toluene 29. Dichloropropane and dichloropropene 62. Toxaphene 30. 2,4-dimethylphenol 63. Trichloroethylene 3I. Dinitrotoluene 64. Vinyl Chloride 32. Diphenylhydrazine 65. Zinc and compounds 33. Endosulfan and metabolites * For which EPA must develop standards. B-2 I I I I I I I I I I i I I' I I I I I I I 129 PRIORITY POLLUTANTS (Part II) B-3 I I I I I I I I I I , I I ,I I I I I I PART II 129 PRIORITY POLLUTANTS Compound Name 1. *Acenaphthene 2. *Acrolein 3. *Acrylonitrile 4. *Benzene 5. *Benzidine 6. *Carbon tetrachloride (tetrachloromethane) *Chlorinated benzenes (other than dichlorobenzenes) 7. *Chlorobenzene 8. 1,2,4-Trichlorobenzene 9. Hexachlorobenzene *Chlorinated ethanes (including 1,2-dichloroethane, 1,1,1,-trichloroethane and hexachloroethane) 10. 1,2-Dichloroethane 11. 1,1,1-Trichloroethane 12. Hexachloroethane 13. 1,1-Dichloroethane 14. 1,1,2-Trichloroethane 15. 1,1,2,2-Tetrachloroethane 16. Chloroethane *Chloroalkyl ethers (chloromethyl, chloroethy~ and mixed ethers) **17. 18. 19. Bis(chloromethyl) ether Bis(2-chloroethyl) ether 2-Chloroethyl vinyl ether (mixed) *Chlorinated naphthalene 20. 2-Chloronaphthalene *Chlorinated phenols (other than those listed elsewhere; includes trichlorophenols and chlorinated cresols) 21. 2,4,6-Trichlorophenol 22. Parachlorometa cresol 23. *Chloroform (trichloromethane) 24. *2-Chlorophenol *Dichlorobenzenes 25. 1,2-Dichlorobenzene 26. 1,3-Dichlorobenzene 27. 1,4-Dichlorobenzene B-4 I I I I I I I I I I I I I I I I ,I I I 44. 45. 46. 47. 48. *"""49. **50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. *Dichlorobenzidine 28. 3,3'-Dichlorobenzidine *Dichloroethylenes (l,l-dichloroethylene and 1,2-dichloroethylene) 29. 30. 31. 1,1-Dichloroethylene 1,2-Trans-dichloroethylene *2,4-Dichlorophenol *Dichloropropane and dichloropropene 32. 33. 34. 1,2-Dichloropropane 1,2-Dichloropropylene (1,3-dichloropropene) *2,4-Dimethylphenol *Dinitrotoluene 35. 36. 37. 38. 39. 2,4-Dinitrotoluene 2,6-Dinitrotoluene *1,2-Diphenylhydrazine *Ethylbenzene *Fluoranthene *Haloethers (others than those listed elsewhere) 40. 41. 42. 43. 4-Chlorophenyl phenyl ether 4-Bromophenyl phenyl ether Bis(2-chloroisopropyl) ether Bis(2-chloroethoxy) methane *Halomethanes (other than those listed elsewhere) Methylene chloride (dichloromethane) Methyl chloride (chloromethane) Methyl bromide (bromomethane) Bromoform (tribromomethane) Dichlorobromomethane Trichlorofluoromethane Dichlorodifluoromethane Chlorodibromomethane *Hexachlorobutadiene *Hexachlorocyclopentadiene *Isophorone *Naphthalene "''"Nitrobenzene *Nitrophenols (including 2,4-dinitrophenol and dinitrocresol) 2-Nitrophenol 4-Nitrophenol 2,4-Dinitrophenol 4,6-Dinitro-o-cresol B-5 I I I I I I I I I *Nitrosamines 61. N-nitrosodimethylamine 62. N-nitrosodiphenylamine 63. N-nitrosodi-n-propylamine 64. *Pentachlorophenol 65 . *Pheno 1 *Phthalate esters 66. Bis(2-ethylhexyl) phthalate 67. Butyl benzyl phthalate 68. Di-n-butyl phthalate 69. Di-n-octyl phthalate 70. diethyl phthalate 71. Dimethyl phthalate *Polynuclear aromatic hydrocarbons I I I I I I I I I I 72. Benzo (a) anthracene (1,2-benzanthracene) 73. Benzo (a) pyrene (3,4-benzopyrene) 74. 3,4-Benzofluoranthene 75. Benzo (k) fluoranthane (11,12-benzofl4oranthene) 76. Chrysene 77. Acenaphthylene 78. Anthracene 79. Benzo (ghi) perylene (1,12-benzoperylene) 80. Fluorene 81. Phenanthrene 82. Dibenzo (a,h) anthracene (1,2,5,6-dibenzanthracene) 83. Indeno (1,2,3-cd) pyrene (2,3,-o-phenylenepyrene) 84. Pyrene 85. *Tetrachloroethylene 86. *Toluene 87. *Trichloroethylene 88. *Vinyl chloride (chlorethylene) *Pesticides and metabolites 89. *Aldrin 90. *Dieldrin 91. *Chlordane (technical mixture & metabolites) DDT and metabolites 92. 4,4'-DDT 93. 4,4'-DDE (p,p'-DDX) 94. 4,4'-DDD (p,p'-TDE) B-6 I I I I I I I I I I I I I I I J I I I *Endosulfan and metabolites 95. A-endosulfan-Alpha 96. B-endosulfan-Beta 97. Endosulfan sulfate *Endrin and metabolites 98. Endrin 99. Endrin aldehyde *Heptachlor and metabolites 100. Heptachlor 101. Heptachlor epoxide *Hexachlorocyclohexane (all isomers) 102. A-BHC-Alpha 103. B-BHC-Beta 104. R-BHC (lindane)-Gamma 105. G-BHC-Delta *Polychlorinated biphenyls (PCB's) 106. PCB-1242 (Arochlor 1242) 107. PCB-1254 (Arochlor 1254) 108. PCB-1221 (Arochlor 1221) 109. PCB-1232 (Arochlor 1232) 110. PCB-1248 (Arochlor 1248) 111. PCB-1260 (Arochlor 1260) 112. PCB-1016 (Arochlor 1016) 113. *Toxaphene 114. *Antimony (Total) 115. *Arsenic (Total) 116. *Asbestos (Fibrous) 117. *Beryllium (Total) 118. *Cadmium (Total) 119. *Chromium (Total) 120. *Copper (Total) 121. *Cyanide (Total) 122. *Lead (Total) 123. *Mercury (Total) 124. *Nickel (Total) 125. *Selenium (Total) 126. *Silver (Total) 127. *Thallium (Total) 128. *Zinc (Total) 129. *2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD) *Toxic Pollutant Class **Have been deleted from toxic list as of February 4, 1981. B-7 I I I I I I I I I I I I I I I I I I I II APPENDIX C EXAMPLE INDUSTRIAL QUESTIONNAIRE C-l I I i I I I I I I I I I I I I I I I I I CITY OF SALINA JIl:_::--~f " CITY - COUNTY BUILDING 300 WEST ASH STREET ~. O. BOX 74' SAL.INA, KANSAS '740' Re: Industrial Waste Questionnaire Dear Sir: The Federal Water Pollution Control Act, also known as the Clean Water Act (PL 95-217), has identified 65 toxic pollutants which pass through un- treated or interfere with the operation of Publicly Owned Treatment Works. In order to control these toxic pollutants, the EPA has required the City of Salina to develop and implement an Industrial Pretreatment Program. The following excerpt from Federal regulations describes the Pretreatment Program Requirements: "The grantee is required to develop a pretreatment program if the Regional Administrator determines that: (1) The municipal treat- ment works: (i) Serves industries subject to proposed or promul- gated pretreatment standards under Section 307(b) of the Act, . . (40 CFR Part 35.907(b)) " A copy of the regulations is on file with the City for review. The Federal regulations further require that the City have the authority to perform the following functions: 1. Deny or condition any increased or new discharges; 2. Require compliance with applicable pretreatment standards; 3. Control industrial discharges to the POnYk to insure compliance; 4. Require the development of an industrial compliance schedule for installation of required technologies; 5. Require submission of appropriate notices and industrial self- monitoring reports necessary to assess and .assure compliance; MEMBER. , . KANSAS L.EAGUE OF MUNICIPAL.ITIES - NATIONAL. L.EAGUE OF CITIES C-2 I I 6. Conduct, as necessary, inspections, surveillance and monitoring pro- cedures to independently determine compliance or non-compliance. Access to industrial records and entry to any Industrial User's premises where an effluent source or treatment system is located, must be authorized; I I I 7. Independently assess or recover through judicial action, fines, penal- ties and injunctive relief for non-compliance by Industrial Users with: a. Pretreatment standards; b. Inspections, entry or monitoring activities; I c. Any rules, regulations or orders issued by the POTW; and I I d. Any reporting or monitoring requirements imposed by the POTW. 8. Immediately and effectively halt or eliminate any actual or threatened discharge of pollutants to the POTW which would endanger health or welfare and/or proper operation of the POTW. I I The Water and Sewerage Department will administer the Pretreatment Program after it has been developed and implemented. The City has retained Wilson & Company, Engineers & Architects, to assist in the development of the Pre- treatment Program. *Publicly Owned Treatment Works I I I The first phase in the development of the Pretreatment program involves identifying those industries which may be discharging priority pollutants into the sewer system. A questionnaire has been developed and is being sent to those industries which have been identified as potentially subject to the Pretreatment Program. In some instances, a physical inspection of certain industries may be required. The City will conduct a public meeting during this phase to inform interested industries of the pretreatment requirements. I The second phase involves wastewater sampling of some or all of those industries which have been identified in the first phase as being subject to the Pretreatment Program. The results of the sampling program will be used to develop compliance standards and enforcement mechanisms as required by the Federal regulations. I I The enclosed questionnaire has been prepared to assist the City in identi- fying those industries which may be discharging pollutants into the sewer system. We request that you complete the questionnaire and return it to: I I I Dean Boyer, P.E. Director of Utilities Government Center 300 W. Ash Salina, Kansas 67401 C-3 I I I I I I I I I I I I I I I I I I I We appreciate your cooperation in completing this questionnaire. If you have any questions, please contact me. Sincerely, ~ ~.2--' Dean Boyer, P.E. Ene. -ciw C-4 I I SALINA, KANSAS WATER AND SEWERAGE DEPARTMENT INDUSTRIAL WASTE QUESTIONNAIRE A. GENERAL INFORMATION 1. COMPANY NAME AND MAILING ADDRESS 2. ADDRESS OF PREMISES 3. STANDARD INDUSTRIAL CLASSIFICATION CODE (SIC) 4. NAME OF SIGNING OFFICIAL TITLE BUSINESS ADDRESS WORK PHONE 5. LOCAL COMPANY REPRESENTATIVE TITLE BUSINESS ADDRESS WORK PHONE B. PLANT OPERATIONAL CHARACTERISTICS 6. BRIEF DESCRIPTION OF MANUFACTURING OR SERVICE ACTIVITY(IES) ON PREMISES: - -.- 7 RAW MATERIALS USED: 8. CATALYSTS, INTERMEDIATES USED: 9 PRINCIPAL FINAL PRODUCT(S) OR SERVICE(S): 10. TYPE OF WASTEWATER DISCHARGE: IF BATCH, HOW MANY BATCHES PER 24 HOUR WORKING DAY? D Continuous, D Batch /24 Hours 11. IS THERE A SCHEDULED SHUTDOWN? IF YES, WHEN? DYes DNo 12. IF PRODUCTION IS SEASONAL, EXPLAIN, INDICATING MONTH(S) OF PEAK PRODUCTION 13. WORK SHIFT START TIMES: I a. FIRST SHIFT I b. SECOND SHIFT I c THIRD SHIFT I I I I I I I I I I I I I I I I I PAGE 1 01' c-s I I I I I I I I I I I I I I I I I I I 14. AVERAGE NUMBER OF EMPLOYEES WORKING DURING EACH SHIFT EAC!-l DAY: -- SHIFT SUN MON TUE WED THU FRI SAT FIRST .- SECOND THIRD DAILY TOTAL 15. WATER SOURCES: QUANTITY (Unit I Day) SOURCE 1: Cily of SOURCE 2: SOURCE 3: SOURCE 4: 16. BRIEF DESCRIPTION OF ANY RAW WATER TREATMENT PROCESS(ES) IN USE: 17. WATER CONSUMPTION: QUANTITY (% of Total or Volume) COOLING WATER (Discharge Temp. OF) -- BOILER FEED WATER SANITARY SYSTEM (Toilets. Drinking Fountains, Showers, Etc.) CONTAINED IN PRODUCT(S) USED IN MANUFACTURING PROCESS(ES) OTHER (Specify) TOTAL WATER CONSUMPTION (Volume) 18. BRIEF DESCRIPTION OF ANY WASTEWATER TREATMENT PROCESS(ES) OR EQUIPMENT IN USE (Attach Flow Diagram, if appropriate).: I C-6 Paqe 2 01 4 I 19. AVERAGE VOLUME OF WASTEWATER DISCHARGE (If Known) QUANTITY (Volume or % of Total) - . .- - CITY WASTEWATER SEWER ..- NATURAL OUTLET (Stream, Lake, etc.) WASTE HAULER EVAPORATION OTHER (Specify) TOTAL VOLUME OF DISCHARGE (Gal. or Cu. Ft.) 20. LIST SEWER OUTLET(S) BY SIZE AND FLOW VOLUME (If Known): 21. IS THERE A SPILL PREVENTION CONTROL AND COUNTERMEASURE PLAN IN EFFECT AT THIS PLANT? DYes o No 22 WASTEWATER CHARACTERISTICS (If Known): AVERAGE _LOW VOLUME Sample Range No. of Sample Ranoe No, of Parameter Type Low Hiah Samples Averaoe Parameter Tvoe Low High Samples Averaoe BOO Cr COO Cu Total Solids Pb Total Suspended Solids Zn Total Volatile Solids Mn pH Cyanide Chloride Phosphate Sulfide Ammonia - Oil, Grease Phosphorus Ni Phenol Nitrite Fe Nitrate Other (Specify) AI Other (Specify) Cd Other (Specify) 23 CHECK ANY OF THE TOXIC POLLUTANTS LISTED BELOW WHICH YOU KNOW ARE BEING USED AT YOUR FACILITY IN MANUFACTURING THE PRODUCT(S) OR IS A BY-PRODUCT WHICH MAY El!;,DISCHARGED. POLLUTANTS REFERENCED IN 307(a) OF THE CLEAN WATER ACT OF 1977. , Acenaphthene Chlordane and metabolites Acrolein Chlorinated benzenes Acrylonitrile Chlorinated ethanes AldrinlDieldrin Chloroalkyl ethers Antimony and compounds Chlorinated naphthalene Arsenic and compounds Chlorinated phenols Asbestos Chloroform Benzene 2-chlorophenol Benzidine Chromium and compounds Beryilium and compounds Copper and compounds Cadmium and compounds Cyanides Carbon tetrachloride DOT and metabolites (CONTINUED ON NEXT PAGE) I I I I I I I I I I I I I I I I I I PAGE 1 01 4 C-7 I I 23. Continued 1,2-,1,3-, and 1,4-dlchlorobenzenes Naphthalene Dichlorobenzidine Nickel and compounds 2,4-dichlorophenol Nitrobenzene Dichloropropane and dlchloropropene Nitrophenols 2,4-dimethylphenol Nltrosamines Dinitrotoluene Pentachlorophenol Diphenylhydrazine Phenol Endosulfan and metabolites Phthalate esters -- Endrin and metabolites Polychlorinated biphenyls (PCBs) Ethylbenzene Polynuclear aromatic hydrocarbons Fluoroanthene Selenium and compounds Haloethers Silver and compounds Halomethanes 2,3,7,8.Tetrachlorodibenzo-p-dioxin (TCDD) Heptachlor and metabolites Tetrachloroethylene Hexachlorobutadiene Thallium and compounds Hexachlorocyclohexane (all isomers) Toluene Hexachlorocyclopentadiene Toxaphene Isophorone Trichloroethylene Lead and compounds Vinyl chloride Mercury and compounds Zinc and compounds 1,1- and 1,2-dichloroethylene 24. LIST ANY OTHER TOXICANTS KNOWN OR BELIEVED TO BE PRESENT IN THE DISCHARGE. C.PRETREATMENT 25 IS THIS PLANT SUBJECT TO AN EXISTING FEDERAL PRETREATMENT IF YES. ARE PRETREATMENT STANDARDS BEING MET ON A CONSTANT STANDARD? BASIS? DYes o No o Don't Know DYes o No o Don't Know 26. ARE ADDITIONAL PRETREATMENT FACILITIES AND/OR OPERATION AND MAINTENANCE ITEMS REQUIRED TO MEET THE PRETREATMENT STANDARDS? DYes o No o Don't Know IF YES, LIST THE ANTICIPATED SCHEDULE BY WHICH THE iTEMS WILL BE PROViDED: D. CERTIFICATION 27. I CERTIFY THA T TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE INFORMA TlON CONTAINED IN THIS QUESTIONNAIRE IS TRUE, COMPLETE AND ACCURA TE. SIgnature of Company Otflclal Dale I I I I I I I I I I I I I I I I I Page 4 01 4 C-8 I I INDUSTRIAL WASTE QUESTIONNAIRE I INSTRUCTIONS I A. GENERAL INFORMATION 1. Company name and complete mailing address, including zip code. I 2. Street address of manufacturing facility. I 3. Give the 2 to 4 digit code for your industry as classified in the "Standard Industrial Classification Manual," Office of Management and Budget, 1972. I 4. Name, title, business address and phone number of company official, signing this questionnaire. I 5. Name, title, business address and phone number of a company official who may be contacted if questions arise concerning this questionnaire. I B. PLANT OPERATIONAL CHARACTERISTICS. I 6. Give a brief description of the type of process(es) involved in the production of the final product (i.e., assemble prefabricated parts, electro- plating, etc.). I 7. List all raw materials used in producing the final product. 8. List all catalysts, intermediates, etc., used at your facility. I 9. What is the principal final product(s) produced? If appropriate, use the SIC code number. I I 10. Is the wastewater discharged from your facility continuous or is there a holding tank for wastes which is discharged periodically in batches? If there is a holding tank, approximately how many batches are discharged each working day? I 11. Is there a scheduled shutdown of the manufacturing process(es)? If there is a scheduled shutdown, when does it occur, how often, and when is your facility placed "back on line"? I 12. Is production at your facility seasonal? If so, explain the seasonal activities and the month(s) of peak production. 13. List the starting times for each work shift at your facility. I I I 14. day. List the average number of employees working during each shift each Include the daily totals in the space provided. C-9 I I I 15. List all water sources at your facility (i.e., Board of Public Utilities, private wells, etc.). If the volume is metered, give average daily total and unit (gallons or cubic feet). If the volume is not metered, estimate the daily totals. Indicate whether figures shown are metered or estimated. I 16. Give a brief description of any type(s) of raw water treatment at your facility and the types of treatment equipment used. If there is no raw water treatment, enter "NONE" in the space provided. I I 17. Show how the water is consumed at your facility. If the volume is known, give the quantity and unit (i.e., gal. or cu. ft.) in the appropriate space(s). If the volume is not known, estimate the percent of the total volume in the appropriate space(s). Show the total volume consumed each day in the space provided. I 18. If your facility treats its wastewater prior to discharging it to the City's sewer system, give a brief description of the type(s) of treatment and the equipment used. Attach a flow diagram, if appropriate. I I 19. List the daily average volume of wastewater discharged at your facility, if known. If the volume is not known, estimate the percent of the daily total for each category. Indicate volume unit (i.e., gal. or cu. ft.) and show the daily total in the space provided. Indicate whether this value is estimated or metered. I 20. List the sewer outlet(s) by size and flow volume, if known. Attach and refer to a map, if appropriate. I 21. Does your facility have a spill prevention and countermeasure plan in effect. If yes, describe the plan. Use a separate piece of paper if necessary. I 22. If known, list the characteristics of the wastewater at your facility. Show the average flow volume, sample type (i.e., G=Grab, C=Composite), the range of the test results, the number of samples and the average value. NOTE: If wastewater samples have been analyzed by the Water Pollution Control Department (WPCD), Item 22 will be completed by wpCD staff. I I I 23. Check the appropriate box if any of the toxic pollutants listed are believed to be present in your facility's wastewater. 24. List any other toxic substances which may be present in your facility's wastewater. I C. PRETREATMENT I I 25. Check the appropriate box(es). 26. If your facility is not meeting the pretreatment standards on a con- tinuous basis, list the items and the schedule by which they will be pro- vided which will enable your facility to meet the standards, if known. I C-10 I I I I I I I I I I I I I I I I I I I D. CERTIFICATION 27. An authorized company representative must sign this questionnaire, certifying the accuracy of the information given. Upon completion of this questionnaire return it to: Dean Boyer, P.E. Director of Utilities 300 West Ash Street P.O. Box 1307 Salina, Kansas 67401 C-11 I I I I APPENDIX D I INDUSTRIAL LISTINGS I I I I I I I I I I I I I I D-l I I I I I I I I I I I I I I I I I I I TABLE D-1 EXISTING INDUSTRIAL USERS SUBJECT TO CATEGORICAL PRETREATMENT STANDARDS (Based on SICs ),\- Industry Name Applicable Standard SIC 1. Beech Aircraft Corp. 2. Exline, Inc. 3. General Battery Corp. 4. North American Philips (Westinghouse Electric) 5. Wyatt Foundry, Inc. Electroplating Electroplating Battery Manufacturing 3471 3471 3691 Electric & Electronic Components Foundries 3641 3321 *Capable of discharging priority pollutants due to nature of manufacturing processes. D-2 I I I I I I I I I I I I I I I I I I I TABLE D-2 EXISTING INDUSTRIAL USERS WHICH MAY BE SUBJECT TO PROHIBITED DISCHARGE STANDARDS* Industry Name Type of Discharge SIC l. 2. 3. 4. 5. Asbury Hospital Beverly Wholesale Meat, Inc. Research Chemical (Product) Co. St. John Hospital Tony's Pizza Service Toxic Pollutants High BOD, O&G High BOD, TSS Toxic Pollutants High BOD, TSS & O&G 8062 2013 2041, 2079 8062 2038 O&G - Oil and Grease BOD - Biochemical Oxygen Demand TSS - Total Suspended Solids *Based on available discharge information of similar industries or informa- tion provided on the industrial waste questionnaires. D-3 I I I I I I I I I I I I I I I I I I I TABLE D-3 INDUSTRIES CURRENTLY MONITORED BY THE CITY OF SALINA 1. 2. 3. Industry Name Parameters Monitored* SIC and/or Products Beech Aircraft TSS, pH, COD 3721 - Chrome Plating General Battery TSS, pH 3691 - Lead-Acid Batteries Research Products TSS, pH, COD 2041 - Flour Bleaching Compounds Tony I s Pizza BOD, TSS, pH, O&G, COD 2038 - Frozen Pizzas North American Philips (Westinghouse Electric) TSS, pH, COD 3641 - Fluorescent Lamps 4. 5. O&G - Oil & Grease BOD - Biochemical Oxygen Demand TSS - Total Suspended Solids COD - Chemical Oxygen Demand *Source: NPDES Monitoring Program D-4 I I I I I I I I I I I I I I I I I I I TABLE D-4 EXISTING INDUSTRIES SUBJECT TO CATEGORICAL STANDARDS (Based on SICs)* Industry Name 1. A&B Machine 2. Amark Printing 3. American Engineering 4. Arrow Printing Co., Inc. 5. Bergkamp, Inc. 6. Century Sales Eng. Co., Inc. 7. Consolidated Printing and Stationery Co. 8. Crafts Plus, Inc. 9. Crestwood, Inc. 10. Duffens Contact Lens Co., Inc. 11. Dynamold Corporation 12. Econo-Flo Flour Service 13. Ginder Hydraulic & Mach. Shop 14. Grain Belt Supply Co., Inc. 15. Great Plains Equipment, Inc. 16. Hedges Neon Sales, Inc. 17. Holiday Mansions 18. Hy-Way Asphalt Products, Inc. 19. Johnson Enterprises 20. KASA Industrial Controls 21. Kancen Printing & Adv. 22. Kansas Power & Light Co. 23. Kenison, Inc. 24. Kuhn and Cox Printing Co. 25. Lofty Sails 26. Lorenson Industries 27. Lorenson Welding & Machine Co. 28. Mai Steel Services, Inc. 29. Manko Corporation 30. Mid-States Armature Works 31. Oehlert Manufacturing Co. 32. Overhead Door Co. of Salina 33. Paris Corporation 34. Port-A-Port Midwest 35. Power Vac, Inc. 36. Premier Pneumatics, Inc. 37. Pronto Print, Inc. 38. Salina Journal, Inc. 39. S&W Tool & Design & Mfg., Inc. 40. Shopper's Guide 41. Scientific Engineering, Inc. 42. Special Purpose Controls Mfg. 43. Thermo-Flex, Inc. 44. United International Co. 45. Vulcan Mfg., Inc. 46. Wil-Print SIC 3523 2752 3711 2753 3715 3449 2751 2751 2434 3851 3531 3535 3599 3551 3523 3993 3732 2951 3993 3613 2751 4911 3713 2751 3732 3792 3599 3441 3599 3613 2394 3442 3662 3448 3993 3535 2751 2711 3599 2711 3599 3822 2394 3411 3449 2751 Type of Discharge Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Office Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Not On City Sewer System Domestic Waste Only Domestic Waste Only Not On City Sewer Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Not On City Sewer Domestic Waste Only Domestic Waste Only Domestic Waste Only Domescit Waste Only Domestic Waste Only Out Of Business Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Not On City Sewer System Domestic Waste Only Domestic Waste Only Domestic Waste Only *Industries discharging a domestic waste only or not connected to the POTW D-5 I I I I I I I I I I I I I I I I I I I TABLE D-5 ELIMINATED INDUSTRIES Industry Name SIC I. 2. 3. 4. 5. 6. 7. 8. 9. 10. II. 12. 13. 14. 15. 16. 17. 18. 19. 20. 2l. 22. 23. 24. 25. 26. 27. 2~. 29. 30. 3l. 32. 33. 34. 35. 36. 37. 38. 39. 40. 4l. 42. 43. 44. 45. 46. 47. 48. ADM Milling Co. 2041 Agra Mfg. Co. 5984 American Fire Equipment 5087 American Welding 0 Anderson Machine & Supply 0 Animal Clinic 742 Antique Repair and Sales 7641 A-Smile A-Minute Photo Co. 5946 Autobody Supply By Peterson 7531 Auto Repair Shop 7530 Band S Saw and Tool Service 2041 Band W Trailor Co. 3460 Bacon and Clark Dodge, Inc. 5510 Beef Land 0 Bell Motor, Inc. 5510 Bengston, Mark 0 Bennett's Pontiac Jeep 5510 Black Word Is, The 0 Blue's Body Shop 7531 Bob's Auto Repair 7530 Booth Photo Studio 7221 Brandel Industrial Laundry 0 Broadway Meat Co. 2011 Bucher & Willis 8911 Burr's Body Shop 7531 C&P Machine Tool & Design 0 Carpenter Motors 5510 Car Wash 7542 Car Wash-Self Servo 7542 Central Kansas Electric, Inc. 3699 Clyde F. Smith 0 Collect A'tique Corner 5931 Collins Antique and Strip Shop 7641 Connally Implement Co. 5083 Continental Equipment Ltd. 0 Crist & Son 0 D and P Auto Repair 7530 Dale's Studio 7221 Dan's Auto Repair 7530 Dan's Auto Repair 7530 Davis-Campbell Automotive 0 Designs & Accents, Inc. 0 Diesel Auto Mechanical Welding 0 Diesel Equipment Co., Inc. 7538 Dunlap, Perry Auto Machine Sh. 7530 E-K Dental Laboratory 8072 Elco Mfg. & Supply Co. 0 Elliott's Roffler Studio 7231 D-6 Reason For Elimination- Domestic Waste Only Same As Wissing Propane Domestic Waste Only Out Of Business Out Of Business Domestic Waste Only Out Of Business Domestic Waste Only Supplier Only No Phone Domestic Waste Only Not On City Sewer Domestic Waste Only No Phone Domestic Waste Only No Such Address Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only No Phone Low Water Use Domestic Waste Only Domestic Waste Only Not On City Sewer System Domestic Waste Only Omitted In New Regs. Omitted In New Regs. Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Wholesale Distributor Not On City Sewer System No Phone Domestic Waste Only Domestic Waste Only No Phone No Phone No Phone Domestic Waste Only No Phone Domestic Waste Only Domestic Waste Only Domestic Waste Only No Phone Hair Stylist I I I I I I I I I I I I I I I I I I I Industry Name 49. Elmer's Diesel Repair 50. Elmore Dairy 51. Erickson Auto Body Works 52. Erickson Equipment Co. 53. Evco Distributing, Inc. 54. Exline, Inc. 55. Fairmont Foods Co. 56. Farmers CO-OP Assoc. 57. Fuller Septic Tank Service 58. Geis, Rush Smith Funeral Home 59. Gerald's Auto Repair 60. Gilco, Inc. 61. Gooch Feed Mill Co. 62. Gooch Feed Mill Co. 63. Gooch Feed Mill Corp. 64. Ed Gunnerson 65. Guy's Foods, Inc. 66. Heinrick's Metal Art 67. Hill's Body and Fender 68. Hoff's Machine & Welding, Inc. 69. Homer Tune-Up Service 70. Huseman Veterinary Clinic 71. Idol Harlan Photography 72. Industrial Bearing and Transm. 73. J.B. Bennett and Son 74. J.E. Glenn Co., Inc. 75. J&J Chevrolet 76. Jarrett Electric, Inc. 77. Jarvis Construction 78. Jon Burch Photographic Eloq. 79. Kansas Tractor Co., Inc. 80. Kenny's Auto Body 81. Knights Screenco 82. Kraft's Art and Antiques 83. La Mar Automotive, Inc. 84. L Etcetera Shoppe, Inc. 85. Livengood Transmission Servo 86. Long-McArthur, Inc. 87. M&H Equipment 88. Marshall Motor Co., Inc. 89. Martin Implement Co. 90. McBride Repair Service 91. Meller's Photo Drive In 92. Mid America Boiler Works 93. Mid Continent Engineers 94. Midwest Wood Products 95. Midwestern Farm Implement, Inc. 96. Miller Body and Fender Shop 97. MS Silk Photo Drive-In 98. Nelson Antiques 99. New Home Products D-7 SIC 7538 2020 7531 o o 7538 2020 5191 o 7260 7530 o 5153 5153 5153 7221 o 1799 7531 5084 7530 742 7221 5085 7530 7332 5510 o 1520 7221 5083 7531 o 7641 7530 o 7530 5510 o 5510 o o o 7699 8911 o 5083 7531 o 5931 o Reason For Elimination Domestic Waste Only Out Of Business Out Of Business No Phone Distributor Only Not On City Sewer Domestic Waste Only Domestic Waste Only No Phone Domestic Waste Only No Phone No Phone Domestic Waste Only Domestic Waste Only Same As Above Domestic Waste Only Distributor Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Out Of Business Domestic Waste Only Domestic Waste Only Retail Sales Domestic Waste Only Domestic Waste Only No Phone Domestic Waste Only Change of Business Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Closed At The Present Not On City Sewer Not On City Sewer Domestic Waste Only Domestic Waste Only No Phone Retail Sales Only Out Of Business Not On City Sewer Domestic Waste Only No Phone I I I I I I I I I I I- I I I I I I I I 100. 10l. 102. 103. 104. 105. 106. 107. 108. 109. 110. l1l. 112. 113. 114. 115. 116. 117. 118. 119. 120. 12l. 122. 123. 124. 125. 126. 127. 128. 129. 130. 13l. 132. 133. 134. 135. 136. 137. 138. 139. 140. 14l. 142. 143. 144. 145. 146. 147. 148. 149. 150. Industry Name Oak Shop, The o and 0 Auto and Truck Center Pak-A-Sak Pat's Body Shop Payne Oil Co. Pepsi Cola Bottling, Inc Photocrafters Piper Body Shop Polly's Antiques Precision Automotive Prestige Antique Repro. Randy's Auto Repair Red Carpet Car Wash Rickel Mfg. Corporation Rival Industries Rooney Dental Laboratory Roselawn Mortuary & Cemetery Royal Tire Co., Inc. Royal Tire Co., Inc. Ryan Mortuary, Inc. Salina Basin Petroleum Co. Salina Coca-Cola Bottling Co. Salina Concrete Products Salina Engine Supply, Inc. Salina Farm Supply, Inc. Salina Irrigation Co. Salina Microfilm Co. Salina Poultry, Inc. Salina Radiator Service Salina Retread, Inc. Salina Skelgas Service Salina Spring Co., Inc. Salina Truck Sales Salina Veterinary Hospital Saline Valley Hatchery Schwan's Sales Enterprises, Inc. Sellers Tractor Co. of Salina Shop, The Smoot Grain Elevator South Industrial Sheet Metal Sparkle Car Wash Stewarts Model Laundry and CI. Stone Bros. Bee Line Safety Stripp Shoppe, The Superior Supply Co., Inc. Supplier's Services Tague Personalized Auto Servo Tec-Kan, Inc. This and That Thompson Aircraft Tire Corp. Tink's Auto Repair D-8 SIC o o 5423 7531 5171 2086 7221 7531 7641 o 5931 7530 7542 3710 o 8072 7260 7534 7534 7260 o 2086 3271 5084 5191 o 7221 251 7539 7534 5984 o 5511 742 254 o 5083 7699 5153 o 7542 7212 o o o o 7530 o o o 7530 Reason For Elimination Out Of Business Not On City Sewer Domestic Waste Only Domestic Waste Only Not On City Sewer Waste Similar to Domestic Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only No Phone Out Of Business Omitted In New Regs. Not On City Sewer Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only No Phone Office Only Domestic Waste Only Domestic Waste Only Not On City Sewer System Not On City Sewer Domestic Waste Only No Phone Domestic Waste Only No Phone Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Same As Tony's Retail Only Domestic Waste Only Domestic Waste Only Not On City Sewer Omitted In New Regs. Domestic Waste Only Domestic Waste Only Domestic Waste Only Wholesale Supply House Only Warehouse Only Domestic Waste Only No Phone Retail Sales No Phone Domestic Waste Only I I 151. 152. I 153. 154. 155. I 156. 157. 158. I 159. 160. 161. 162. I 163. 164. 165. I 166. 167. 168. I 169. 170. 171. 172. I 173. 174. 175. I 176. 177 . 178. I I I I I I I I I Industry Name Tom's Radiator and Air Condit. Tractor Supply Co. Treasure Chest of Salina Truck and Auto Servo Center Turbine Specialties, Inc. Turbo Marine Products Vern's Auto Repair Vernon's Supply Co., Inc. Virg's Auto Repair Waddell Cadillac-Oldsmobile Walker Radiator Sales and Ser. Walter's Chapel Funeral Home Ward Co., Inc. Warta Buick, Inc. Wave-A-Wand Car Wash Weber Flour Mills Co. Weinhold's Earl Auto Servo Westland Seed Co. Wests ide Veterinary Clinic Whistle Stop N'tiques Wilson & Company Wilson Laboratories Wissing's Propane Gas Service Wood Fashion Cleaners Zeller Brake Service, Inc. Zrubeck Transmission Federal Mogul Corp. Great Plains Mfg., Inc. D-9 SIC 7539 o 5931 7530 o o 7530 o 7530 5511 7539 7260 o 5510 7542 2041 7530 5261 742 7641 8911 7391 5984 7212 7539 7530 3562 3523 Reason For Elimination Domestic Waste Only Domestic Waste Only Retail Only Domestic Waste Only Not On City Sewer No Phone Domestic Waste Only Supply Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only See Ward Mfg. Domestic Waste Only Omitted In New Regs. Out Of Business Domestic Waste Only Domestic Waste Only Domestic Waste Only Out Of Business Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Domestic Waste Only Not On City Sewer System Out of Business Not Subject to Cat. Stds. I I I I I I I I I I I I I I I I I I I APPENDIX E STATEMENT REGARDING THE POTW'S LEGAL AUTHORITY E-1 I I I I I I I I I I I I I I I I I I I CITY OF SA.LINA -~~r.;.. ~. . ~ . . .'0:- -. . ____ L. O. BENGTSON, CITY ATTORNEY , 14 EAST IRON POBOX 903 SALINA. KANSAS 67401 AREA CODE 913 823-2244 November 4, 1983 Kansas Depart:nent of Health & Envirorurent State Office Building Topeka, Kansas Gentlanen : 'llris is to certify that I have reviewerl the proposed ordinance entitled: AN ORDINANCE relating to private wastewater disposal systans, use of public and private sewers and drains, installation and connection of building sewers and drains, discharge criteria for mmicipal sewer system, penalties for violations of sewer use requirem:mts and industrial pretreatm:mt program requiranents; amending Chapters 18 and 41 of the Code of Ordinances of the City of Salina, Kansas, and I am of the opinion that City of Salina, urxler the authority vested in it pursuant to Article 12, SS of the COnstitution of the State of Kansas and K.S.A. 12-631, has the legal autlx>rity to adopt the ordi- nance and ilrplanent the provisions thereof. Very truly yours, ~ L. o. Bengtson City Attorney '4:...-, ~" !DBM MEMBER. . . KANSAS LEAGUE OF MUNICIPALITIES. NATIONAL LEAGUE OF CITIES I I I I I I I il I I I I I I I I I I I APPENDIX F INDUSTRIAL PRETREATMENT ORDINANCE F-l I I I ORDINANCE NO. I I I AN ORDINANCE relating to private wastewater disposal systems, use of public and private sewers and drains, installation and connection of building sewers and drains, discharge criteria for municipal sewer system, penalties for violations of sewer use requirements and industrial pretreatment program requirements; amending Chapters 18 and 41 of the Code of Ordinances of the City of Salina, Kansas. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS THAT: I I Section 1. CHAPTER 18 - HOUSING, ARTICLE III, USE AND OCCUPANCY REGULATIONS, SEC. 18-75, PRIVIES OF THE SALINA CODE BE REPEALED AND THE FOLLOWING SEC. 18-75, BE ADOPTED AND ENACTED; AND THAT CHAPTER 41 - WATER AND SEWER, OF THE SALINA CODE BE AMENDED BY ADOPTING AND ENACTING THE FOLLOWING ARTICLES: ARTICLE V - USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS, SEC. 41-99 THROUGH SEC. 41-104; ARTICLE VI - INSTALLATION AND CONNECTION OF BUILDING SEWERS AND DRAINS, SEC. 41-105 THROUGH SEC. 41-114; ARTICLE VII - DISCHARGE CRITERIA, SEC. 41-115 THROUGH SEC. 41-121; ARTICLE VIII - PENALTIES AND VIOLATIONS, SEC. 41-122 THROUGH SEC. 41-124; ARTICLE IX - INDUSTRIAL PRETREATMENT, SEC. 41-125 THROUGH SEC. 41-160.1. I SEC. 18-75. Private wastewater disposal system. I I (a) General. - Where a public sanitary sewer is not available under the provisions of Sec. 41-103 the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this Article. I I I I I I (b) Permit. - Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the Director. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Director. A permit and inspection fee of one dollar ($1.00) shall be paid to the City at the time the application is filed. A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfac- tion of the Director. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Director when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within forty-eight (48) hours of the receipt of notice by the Director or his representative. I (c) Compliance. - The type, capacities, location, and layout of a private wastewater disposal system shall comply with all regulations of the Kansas Department of Health and Environment. When a public water supply is used, no permit shall be issued for any private waste- water disposal system employing subsurface soil absorption facilities where the area of the lot is less than 20,000 square feet. In the case of a private water supply, the minimum lot size will be 40,000 square feet. No septic tank or cesspool system shall be permitted to discharge to any natural outlet. I F-2 I I I (d) Availability of sewer. - At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in Sec. 41-103, a connection shall be made to the public wastewater collection system in compliance with this ordinance. Private wastewater disposal systems taken out of service shall be rendered safe in a manner approved by the Director. In general, underground structures shall be drained and filled with gravel, chat, sand or soil. Above grade structures and portions of underground structures extending to or above the ground line shall be razed and the site cleared of all debris and graded to provide free drainage. I I I (e) Responsibility of owner. - The owner shall operate and maintain the private wastewater disposal system in a sanitary manner at all times, at no expense to the City. I (f) Additional requirements. - No statement contained in this Article shall be construed to interfere with any additional requirements that may be imposed by the Health Officer or any provisions of the Building Code of the City. I I ARTICLE V - USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS SEC. 41-99. Definitions. I The following definitions shall apply to the enforcement of Articles V through IX of this chapter. I (1) ACT OR "THE ACT" - The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq. I (2) APPROVAL AUTHORITY - The Regional Administrator of the Environmental Protection Agency and/or Director of the Division of Environment of the Kansas Department of Health and Environment. I (3) ASTM - The American Society of Testing Materials or publications thereof. I (4) AUTHORIZED REPRESENTATIVE - An authorized representative of a User may be: 1) a principal executive officer of at least the level of vice- president, if the User is a corporation; 2) a general partner or proprietor if the User is a partnership or proprietorship, respec- tively; 3) a duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates. I I I (5) BOD (denoting Biochemical Oxygen Demand) - The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 200 C, expressed in milligrams per liter (mg/~). I I F-3 I I I (6) BUILDING DRAIN - That part of the lowest horizontal p1p1ng of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer beginning two (2) feet outside the building wall. I I I (7) BUILDING SEWER - The extension from the building drain to the public wastewater collection system or other place of disposal. (8) CITY - The Municipality of Salina, Kansas. (9) COMBINED SEWER - A sewer receiving both surface runoff and sewage. I (10) COMPOSITE SAMPLE - Combination of individual samples of water or wastewater taken at selected intervals (generally hourly or some similar specified period), to minimize the effect of the variability of the individual sample. Individual samples may have equal volume or may be proportional to the flow at time of sampling. I I (11) CONTROL AUTHORITY - "Approval Authority," defined hereinabove; and/or the Director of Utilities for the City of Salina. (12) COOLING WATER - The water discharged from any use such as air conditioning, cooling or refrigeration or to which the only pollutant added is heat. I I I I I I I (13) DIRECT DISCHARGE - The discharge of treated or untreated wastewater directly to the waters of the State of Kansas. (14) DIRECTOR - The Director of Utilities of the City of Salina, Kansas and/or his authorized deputy, agent or representative. (15) DOMESTIC WASTEWATER - Any wastewater discharged from any user that has characteristics that could be reasonably expected from a household. (16) ENVIRONMENTAL PROTECTION AGENCY, OR EPA - The U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency. (17) GARBAGE - Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. (18) GRAB SAMPLE - A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time. (19) GOVERNING BODY - The Board of Commissioners of the City of Salina, Kansas. I I I (20) HEALTH OFFICER - A person having public health responsibility by the State of Kansas and/or by Saline County. F-4 I I I (21) HOLDING TANK WASTE - Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks. I (22) INDIRECT DISCHARGE - The discharge or the introduction of nondomestic wastewater from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. 1317), into the sanitary sewerage system (including holding tank waste discharged into the system). I I (23) INDUSTRIAL WASTES - The liquid wastes from industrial manufacturing processes, trade, or business as distinct from domestic wastewater. I I I I I (24) INTERFERENCE - The inhibition or disruption of the sanitary sewerage system treatment processes or operations which contributes to a violation of any requirement of the City's NPDES Permit. The term includes prevention of sewage sludge use or disposal by the sanitary sewer system in accordance with Section 405 of the Act (33 U.S.C. 1345), or any criteria, guidelines or regulations developed (present or future) pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent State criteria (including those contained in any State sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the sanitary sewerage system. I (25) NATIONAL CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD - Any (present or future) regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific category of Industries. (26) NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE STANDARD - Any (present or future) regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5. I I I I (27) NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT - A discharge permit issued by the Approval Authority pursuant to Section 402 of the Act (33 U.S.C. 1342). (28) NATURAL OUTLET - Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater. I I I (29) NEW SOURCE - Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. 1317) Categorical Pretreatment Standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard. (30) PERSON - Any individual, firm, company, association, society, corporation or group. F-5 I I (31) pH - The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. I (32) POLLUTION - The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water. I I I (33) POLLUTANT - Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water. I (34) PRETREATMENT OR TREATMENT - The reduction of the amount of pollutants, the removal of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a sanitary sewerage system. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes by other means, except as prohibited by 40 CFR Section 403.6(d). I I (35) PRETREATMENT REQUIREMENTS - Any substantive or procedural requirement relating to pretreatment, other than a National Pretreatment Standard imposed on a user. I I I I I (36) PRETREATMENT STANDARD - Any federal regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act, which applies to specific Users. (37) PRIVATE SEWER - A sewer not owned or maintained by the City of Salina. (38) PRIVATE WASTEWATER DISPOSAL SYSTEM - Any system of wastewater disposal not publicly owned or operated. (39) PRIVATE WATER SUPPLY - All water supplies not owned and operated by the City of Salina. (40) PROPERLY SHREDDED GARBAGE - The wastes from the preparation, cooking, and dispensing of food which have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch (1.27 centimeters) in any dimension. I (41) PUBLIC SEWER - A sewer in which all owners of abutting properties have equal rights and is controlled by public authority. I I I (42) PUBLIC WATER SUPPLY - All water supplies owned and operated by the City of Salina. (43) SANITARY SEWER - A sewer which carries wastewater and to which storm, surface and groundwater are not intentionally admitted. I F-6 I I I (44) SANITARY SEWERAGE SYSTEM - Any devices, units and systems used in the collection, transportation, storage, treatment, recycling and reclamation of municipal wastewater or industrial wastes of liquid nature including all land and appurtenances thereto owned by the City and as further defined for a Publicly Owned Treatment Works (POTW) under Section 211 of the Federal Water Pollution Control Act (33 U.S.C. 1292) I (45) SEWER - A pipe or conduit for carrying wastewater. I (46) SHALL is mandatory, MAY is permissive. I (47) SLUG - Any discharge of water, wastewater or industrial waste in which the concentration of any given constituent or in which the quantity of flow for any period of duration longer than fifteen (15) minutes exceeds more than five (5) times the average twenty-four (24) hour concentration or flow quantities during normal operation. I (48) STATE - State of Kansas. I I (49) STANDARD INDUSTRIAL CLASSIFICATION (SIC) - A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972. I (50) STORM DRAIN (STORM SEWER) - A sewer which carries storm and surface waters and drainage but excludes wastewater and industrial wastes, other than unpolluted cooling water. I (51) STORM WATER - Any flow occurring during or following any form of natural precipitation and resulting therefrom. I (52) SUSPENDED SOLIDS (SS) - Solids that either float on the surface of, or are suspended in water, wastewater or other liquids and which are removable by laboratory filtering. I (53) TOXIC POLLUTANT - Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of Section 307(a)(I) of the Clean Water Act. I (54) UNIFORM PLUMBING CODE - The latest reV1S1on of the Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials. I (55) USER - Any person who contributes, causes or permits the discharge of wastewater into the City's sanitary sewerage system. I (56) WATERCOURSE - A channel in which a flow of water occurs, either continually or intermittently. I I (57) WASTEWATER - A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and stormwaters that may be present. I F-7 I I I (58) WASTEWATER COLLECTION SYSTEM - Each, and all, of the common lateral sewers, within a publicly-owned treatment system, which are primarily installed to receive wastewaters directly from facilities which convey wastewater from individual structures or from private property, and which include service connection "Y" fittings designed for connection with those facilities. The facilities which convey wastewater from individual structures or from private property to the public lateral sewer or its equivalent, are specifically excluded from the definition, with the exception of pumping units, and pressurized lines, for individual structures or groups of structures when such units are owned and maintained by the City of Salina, Kansas. I I I I (59) WASTEWATER TREATMENT PLANT - Any unit processes, facilities, land and appurtenances thereto, providing primary treatment, secondary treatment and/or advanced treatment of wastewaters and the resulting sludges, contributed to the sanitary sewerage system. (60) WPCF - The Water Pollution Control Federation or publications thereof. I I (61) WATERS OF THE STATE - All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the State or any portion thereof. I I (62) TERMS - Unless the context of usage indicates otherwise, the meaning of terms in this Article that are not defined, shall be as defined in the latest edition of Glossary: Water and Wastewater Control Engineering prepared by Joint Editorial Board of the American Public Health Asso- ciation, American Society of Civil Engineers, American Water Works Association and Water Pollution Control Federation. I (63) ABBREVIATIONS - The following abbreviations shall have the designated meanings: I A. BOD - Biochemical Oxygen Demand (five day, unless otherwise noted as "Ultimate BOD") I B. CFR - Code of Federal Regulations I C. COD - Chemical Oxygen Demand D. EPA - Environmental Protection Agency I E. I - Liter F. ~ - Milligrams I G. mg/l - Milligrams per liter I I F-8 I I H. NPDES - National Pollutant Discharge Elimination System I 1. SIC - Standard Industrial Classification J. SWDA - Solid Waste Disposal Act, 42 U.S.C. 6901, et. seq. I K. USC - United States Code I L. TSS - Total Suspended Solids SEC. 41-100. General. I I It shall be unlawful for any person to place, deposit or permit to be deposited any human or animal excrement, garbage or other objectionable waste in any unsanitary manner on public or private property within the City of Salina or in any area under the jurisdiction of said City. SEC. 41-101. Treatment required. I I It shall be unlawful to discharge any wastewater or other polluted waters into any natural outlet except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. Cross Reference - Private Wastewater Disposal System, Section 18-75 I SEC. 41-102 Private wastewater disposal systems. I Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater. I SEC. 41-103. Requirements. I The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the City and abutting any street, alley or right-of-way in which there is now located a sanitary sewer of the City, is hereby required to install, at his expense, toilet facilities therein and to connect such facilities directly with the proper public wastewater collection system in accordance with the provisions of this Article within ninety (90) days after the official notice to do so, provided that said public wastewater collection system is within one hundred (100) feet of the property line. The Director or Health Officer shall have the authority to require connection to the public wastewater collection system when the system is over one hundred (100) feet from the property line in cases where a health hazard exists. I I I SEC. 41-104. Sewer connections. I I No sewer connection will be permitted for areas outside the City limits until the developer or Owner obtains approval from the Governing Body. Any sewer lines needed to connect with existing City sewer mains and laterals must conform to City and State specifications for same. I F-9 I I ARTICLE VI - INSTALLATION AND CONNECTION OF BUILDING SEWERS AND DRAINS I SEC. 41-105. General. I No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Director. I SEC. 41-106. Permit required. I There shall be one class of building sewer permit for residential and commercial service. The owner or his agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Director. A Permit and inspection fee for a residential or commercial building sewer permit shall be paid to the City Clerk at the time the application is filed. Permits for industrial wastes are covered under SEC. 41-138. I I SEC. 41-107. Indemnification. I All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. I SEC. 41-108. Building sewer. I I A separate and independent building sewer shall be provided for every building (refer to Sec. 35-92) except where one building stands at the rear of another on an interior lot and no sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway. The building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. In all buildings in which any building drain is too low to permit gravity flow to the public wastewater collection system, the wastewater carried by such a building drain shall be lifted by an approved means and discharged to the building sewer. I I SEC. 41-109 Existing building sewer. I Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Director, to meet all requirements of this ordinance. I SEC. 41-110. Sewer construction. I _The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating and backfilling the trench, installing jointing, and testing the building sewer, shall conform to the Uniform Plumbing Code as hereinafter modified. I I F-10 I I SEC. 41-110.1. Minimum Pipeline Diameter. I Minimum internal pipeline diameter for all building sewers shall be four inches. I SEC. 41-110.2. Pipeline Materials. Building sewers shall be constructed of one of the following pipeline materials: I (A) Extra-strength vitrified clay pipeline and fittings conform- ing to ASTM C 700. I I (B) Polyvinyl chloride (PVC) gravity sewer pipe and fittings, Type PSP or PSM conforming to ASTM Standards D 3033 or D 3034. All PVC sewer pipe shall be at least Schedule 40. (C) ABS composite sewer pipe conforming to ASTM D 2680. I (D) Reinforced plastic mortar pipe conforming to ASTM D 3262. I (E) Cast or ductile iron pipe with a minimum pressure rating of 150 pounds per square inch conforming to Federal Specification WW-P421b, or American National Standards Institute (ANSI) A21.51, A21.6 or A21.8, except that iron used in the manufacture of the pipe shall have minimum design strength value, in pounds per square inch, of 21,000 for bursting strength and 45,000 for modulus of rupture. I I SEC. 41-111. Inflow sources. I No person shall make connection of roof downspouts, exterior or interior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public wastewater collection system. I SEC. 41-112. Building sewer connections. I The connection of the building sewer into the public wastewater collection system shall conform to the requirements of the Uniform Plumbing Code or other applicable rules and regulations of the City. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the the Director before installation. I I SEC. 41-113. Connection Inspection. I The applicant for the building sewer permit shall notify the Building Inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Director or his representative. I I F-ll I I SEC. 41-114. Safety. I All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Director. I I ARTICLE VII - DISCHARGE CRITERIA I SEC. 41-115 General. I No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncon- taminated cooling water, or unpolluted industrial process waters to any sanitary sewer. Stormwater and all other unpolluted drainage shall be discharged to sewers specifically designated as storm sewers by the Director or to a natural outlet. Such flows are also subject to Federal and State regulations. I I SEC. 41-116 General discharge prohibitions. I No person shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the sanitary sewerage system whether or not the Person(s) is subject to National Categorical Pretreatment Standards or any other National, State or local Pretreatment Standards or Requirements. When the Director determines that Person(s) are contributing to the sanitary sewerage system, any of the enumerated substances in such amounts as to interfere with the operation of the sanitary sewer system, the Director shall: 1) Advise the Person(s) of the impact of the contribution and 2) Develop effluent limitation(s) for such Person to correct the interference with the sanitary sewerage system. A Person(s) may not contribute the following substances to any sanitary sewerage system: I I I SEC. 41-116.1. Explosive materials. I Any liquids. solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the sanitary sewerage system or to the operation of the sanitary sewerage system. At no time, shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent (5%) nor any single reading over ten percent (10%) of the Lower Explosive Limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naptha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the City, the State or EPA has notified the User is a fire hazard or a hazard to the system. I I I I I F-12 I I SEC. 41-116.2. Solid or viscous substances. I I Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the sanitary sewerage system such as, but not limited to: grease or garbage with particles greater than one-half inch (1/2") in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud or glass grinding, polishing wastes, or any waste containing fats, wax, grease, or oil whether emulsified or not, in excess of one-hundred milligrams per liter (100 mg/l) or containing substances which may solidify or become viscous at temperatures between thirty-two (32)OF and one hundred twenty (120)OF. I I I SEC. 41.116.3. pH limitation. I Any wastewater having a pH less than 5.0 or higher than 9.0, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel. I SEC. 41-116.4. Toxic pollutants. I Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the sanitary sewerage system or to exceed the limitation set forth in a Federal Categorical Pretreatment Standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Clean Water Act. I I SEC. 41-116.5. Noxious or malodorous materials. I I Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair. I SEC. 41-116.6. Reuse or reclamation of waste. I Any substance which may cause the wastewater treatment plant effluent or any other product of the sanitary sewerage system such as residues, sludges or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged cause the sanitary sewerage system to be in non-compliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or State criteria applicable to the sludge management method being used. I I I F-13 I I SEC. 41-116.7. NPDES Permit violation. I I Any substance which will cause the sanitary sewerage system to violate its NPDES and/or State Disposal System Permit or the receiving water quality standards. SEC. 41-116.8. Color, taste or odor limitations. I Any wastewater with objectionable color, taste or odor producing substances not removed in the treatment process, such as, but not limited to phenols, dye wastes and vegetable tanning solutions. I SEC. 41-116.9. Temperature limitations. I Any wastewater having a temperature which will inhibit biological activity in the wastewater treatment plant resulting in interference, but in no case heat in such quantities that the influent temperature at the wastewater treatment plant exceeds 400 C (1040 F). I SEC. 41-116.10. Oxygen demanding pollutants. I Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a User knows or has reason to know will cause interference to the sanitary sewerage system. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration, quantities or flow during normal operation. I I SEC. 41-116.11. Radioactive waste. I Any wastewater containing any radioactive wastes or isotopes of such halflife or concentration as may exceed limits established by the Director in compliance with applicable State or Federal regulations. I SEC. 41-116.12. Hazardous or nuisance materials. I Any wastewater which causes a hazard to human life or creates a public nuisance. I SEC. 41-117. Enforcement Action. I If any waters or wastes are, or are proposed to be, discharged to the public wastewater collection system, which contain the substances or possess the characteristics enumerated in SEC 41-116 of this Article, the Director may: I (A) Reject the wastes, (refer to SEC. 41-6, 41-123) I (B) Require pretreatment to an acceptable condition for discharge to the public wastewater collection system, I F-14 I I I (C) Require control over the quantities and rates of discharge, and/or, I (D) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or user charges. I If the Director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Director, and subject to the requirements of all applicable codes, ordinances, and laws. Where preliminary treatment or flow-equalizing facilities are provided for any water wastes, they shall be maintained continuously in satisfactory and effective operation by the owner, at his expense. I I SEC. 41-118. Grease, flammable wastes and sand. I Grease, oil, and sand interceptors shall be provided when, in the op1n10n of the Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Director and shall be located as to be readily and easily accessible for cleaning and inspection. I I SEC. 41-119. Control manhole. I When required by the Director, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurte- nances in the building sewer, to facilitate observation, sampling, and measurement of the wastes. Such a manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Director. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. I I I SEC. 41-120. Measurement, tests and analysis. I All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be performed by a laboratory approved by the Director and shall be deter- mined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of the constituents upon the sanitary sewerage system and to determine the existence of hazards to life, limb, and property. I I I I F-15 I I SEC. 41-121. Pretreatment. I Any pretreatment standards, as established by State, Federal, or other public agencies of jurisdiction for such discharge, will be used as the minimum requirements by the Director as applied to this Ordinance. I ARTICLE VIII - PENALTIES AND VIOLATIONS I SEC. 41-122. Vandalism. I No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sanitary sewerage system. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. I SEC. 41-123. Notice. I Any person found to be violating any prov1s10n of Articles V through VII shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. I I SEC. 41-124. Penalties. I Any person who shall continue any violation of Articles V through VII beyond the time limit provided for in Sec. 41-123 shall be guilty of a misdemeanor, and on conviction thereof shall be fined in an amount not exceeding one hundred dollars ($100.00) for each violation, or a jail sentence not exceeding 30 days, or by both such fine and incarceration. If the conviction is for a violation committed after a first conviction, punishment shall be a fine not exceeding three hundred dollars ($300.00) per day of such violation, together with imprisonment of not more than 90 days as may be assessed by the court for each day of violation. Each day in which any such violation shall continue shall be deemed a separate offense. Any person violating any of the provisions of this ordinance shall become liable to the City for any expense, loss, fines, penalties or damage occasioned by the City, by reason of such violation. I I I I ARTICLE IX - INDUSTRIAL PRETREATMENT I SEC. 41-125. Purpose. The purpose of this Article is: I I (1) To prevent the introduction of pollutants into the sanitary sewerage system which could interfere with the normal operation of the system, and/or contaminate the resulting sludge; I F-16 I I I (2) To prevent the introduction of pollutants into the sanitary sewerage system which could pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system; and I (3) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system. I SEC. 41-126 Policy. I This Article provides for the regulation of contributors to the sanitary sewerage system through the issuance of permits to certain Users, as determined by the Director, and through enforcement of general requirements for the other Users, authorizes monitoring and enforcement activities, requires User reporting, assumes that existing customer's capacity will not be preempted and provides for the setting of charges and fees for the equitable distribution of costs resulting from the program established herein. I I SEC. 41-127. Application. I This Article shall apply to all users that discharge industrial wastes into the sanitary sewerage system. Except as otherwise provided herein, the Director shall administer, implement and enforce the provisions of this Article. I SEC. 41-128. General discharge prohibitions. I No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the sanitary sewerage system as listed under SEC. 41-116. I SEC. 41-129. Federal categorical pretreatment standards. I Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Pretreatment Standard, if more stringent than limitations imposed under this Article for sources in that subcategory, shall immediately supersede the limitations imposed under this Article. The Director shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12. I I SEC. 41-130. Modification of federal categorical pretreatment standards. I Where the City's sanitary sewerage system achieves consistent removal of pollutants limited by Federal Pretreatment Standards, the City may apply to the Approval Authority for modification of specific limits in the Federal Pretreatment Standards if the requirements contained in 40 CFR, Part 403, Section 403.7, are fulfilled. I I I F-17 I I I SEC. 41-131. State requirements. I State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those in this chapter. SEC. 41-132. City's right of revision. I I The City reserves the right to establish by Ordinance more stringent limitations or requirements on discharges to the sanitary sewerage system if deemed necessary to comply with the objectives presented in SEC. 41-125. SEC. 41-133. Dilution. I No User shall increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment. Measures such as dilution will not be allowed when used to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards, or any other pollutant-specific limitation(s) developed by the City or State. I I SEC. 41-134. Accidental discharge. I Each User, subject to the requirements of this Article shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Article. Facilities required to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's own cost and expense. Detailed plans, showing facilities and operating procedures to provide this protection, shall be submitted to the City for review and approval by the City before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the facility as necessary to meet the requirements of this Article. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the Director of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions. I I I I SEC. 41-134.1. Written notice. I I Within five (5) days following an accidental discharge; the User shall submit to the Director a detailed written report describing the cause of the discharge and the measures to be taken by the User to prevent similar future occurrences. Such notification shall not relieve the User of any expense, loss, damage or other liability which may be incurred as a result of damage to the sanitary sewerage system, fish kills or other damage to person or property; nor shall such notification relieve the User of any fines, civil penalties or other liability which may be imposed by this Article or other applicable law. I I I F-18 I I SEC. 41-134.2. Notice to employees. I A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure. I I SEC. 41-135. Fees. I It is the purpose of this Article to provide for the recovery of costs from users of the City's sanitary sewerage system for the implementation of the program established herein. I SEC. 41-136. Charges and Fees. - The City may adopt charges and fees which may include: I (1) Fees for reimbursement of costs of setting up and operating the City's Pretreatment Program; (2) Fees for monitoring, inspections and surveillance procedures; I (3) Fees for reviewing accidental discharge procedures and construction; (4) Fees for permit applications; I (5) Fees for filing appeals; I (6) Fees for consistent removal by the City of pollutants otherwise subject to Federal Pretreatment Standards; I (7) Other fees as the City may deem necessary to carry out the- re- quirements contained herein. I These fees relate solely to the matters covered by this Article and are separate from all other fees chargeable by the City. SEC. 41-137. Wastewater discharges. I It shall be unlawful to discharge without a City permit to any area under the jurisdiction of said City and/or to the sanitary sewerage system any wastewater except as authorized by the Director in accordance with the provisions of this Article. I I SEC. 41-138. General permits. I All non-domestic users, proposing to connect or to contribute to the sanitary sewerage system shall obtain a Wastewater Discharge Permit before connecting to or contributing to the sanitary sewerage system. Certain existing users identified by the Director connected to or contributing to the sanitary sewerage system shall obtain a Wastewater Discharge Permit within 180 days after the effective date of this Article. I I F-19 I I SEC. 41-139. Permit application. I Users required to obtain a Wastewater Discharge Permit shall complete and file with the City, an application in the form prescribed by the City, and accompanied by a fee of $100.00. Existing users shall apply for a Wastewater Discharge Permit within 30 days after the effective date of this Article and proposed new Users shall apply at least 90 days prior to connecting to the sanitary sewerage system. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information: I I I (1) Name, address and location (if different from the address); I (2) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended; I (3) Wastewater constituents and characteristics including, but not limited to, those mentioned in SECS. 41-128 through 41-134 as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with the procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended; I (4) Time and duration of contribution; I (5) Average daily and 3 minute peak wastewater flow rates, including daily, monthly and seasonal variations if any; I (6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation; I (7) Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged; I I (8) The nature and concentration of any pollutants in the discharge which are limited by any City, State or Federal Pretreatment Standards and a statement regarding whether or not the pretreat- ment standards are being met on a consistent basis and if not, whether additional Operation and Maintenance (O&M) and/or addi- tional pretreatment is required for the User to meet applicable Pretreatment Standards; I (9) If pretreatment or other measures will be required to meet the Pretreatment Standards; the shortest schedule by which the User will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard: I I I I F-20 I I I The following conditions shall apply to this schedule: I (a) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of addi- tional pretreatment required for the User to meet the appli- cable Pretreatment Standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, review and approval of construction plans by the Director, execut- ing contract for major components, commencing construction, completing construction, etc.). I I (b) No increment referred to in paragraph (a) shall exceed 9 months. I I (c) Not later than 14 days following each date in the schedule and the final date for compliance, the authorized representa- tive of the user shall submit a progress report to the Director including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the User to return the construction to the schedule established. In no event shall more than 9 months elapse between such progress reports to the Director. I I (10) Each product produced by type, amount, process or processes and rate of production; I I (11) Type and amount of raw materials processed (average and maximum per day); (12) Number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system; I (13) Any other information as may be deemed by the Director to be necessary to evaluate the permit application. I The City will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the City may issue a Wastewater Discharge Permit subject to terms and conditions provided herein. I I SEC. 41-140. Permit modifications. I Within 9 months of the promulgation of a National Categorical Pretreat- ment Standard, the Wastewater Discharge Permit of the Users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a User, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a Wastewater Discharge Permit as required by SEC. 41-139 the User shall apply for a Wastewater Discharge Permit within 180 days after the promulgation of the Applicable I I F-21 I I I National Categorical Pretreatment Standard. In addition, the user with an existing Wastewater Discharge Permit shall submit to the Director within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard, the information required by paragraphs (8) and (9) of SEC. 41-139. I SEC. 41-141. Permit conditions. I Wastewater Discharge Permits shall be expressly subject to all prOV1S10ns of this Article and all other applicable regulations, and charges and fees established by the City. Permits may contain the following: I I (1) Limits on the average and maximum wastewater constituents and characteristics; (2) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization. I I I (3) Requirements for installation and maintenance of inspection and sampling facilities; (4) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule; (5) Compliance schedules; I (6) Requirements for submission of technical reports or discharge reports (see SEC. 41-144); I I (7) Requirements for maintaining and retaining plant records of the user relating to wastewater discharge as specified by the City, and affording City access thereto; (8) Requirements for notification of the City or any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being intro- duced into the sanitary sewerage system. I I I (9) Requirements for notification of slug discharges as per SEC. 41-154. (10) Other conditions as deemed appropriate by the City to ensure compliance with this Article. SEC. 41-142. Permit duration. I Permits shall be issued for a specific time period, not to exceed two (2) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The User shall apply for permit reissuance a minimum of 90 days prior to the expiration of the User's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as I I F-22 I I I limitations or requirements as identified in SECS. 41-128 through 41-134 are modified or other just causes exist. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. I SEC. 41-143. Permit transfer. I I I I I I Wastewater Discharge Permits are issued to a specific user for a specific operation. A Wastewater Discharge Permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the Director. SEC. 41-144. Compliance date report. I Within 90 days following the date for final compliance with applicable Pretreatment Standards or, in the case of a New Source, following commencement of the introduction of wastewater into the sanitary sewerage system, any User subject to Pretreatment Standards and Require- ments shall submit to the Director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by Pretreatment Standards and Requirements and the average and maximum daily flow for these process units in the user's facility which are limited by such Pretreatment Standards or Requirements. The report shall state whether the applicable Pretreat- ment Standards or Requirements are being met on a consistent basis and, if not, what additional pretreatment is necessary to bring the User into compliance with the applicable Pretreatment Standards or Requirements. This statement shall be signed by an authorized representa- tive of the user, and certified by a licensed professional engineer in the State of Kansas. I I I SEC. 41-145. Periodic compliance reports, self-monitoring. I (1) Any User subject to a Pretreatment Standard, after the compliance date of such Pretreatment Standard or, in the case of a new source, after commencement of the discharge into the sanitary sewerage system shall submit to the Director during the months of June and December, unless required more frequently in the Pretreatment Standard or by the Director, a report indicating the nature and concentration, of pollutants in the effluent which are limited by such Pretreatment Standards. In addition, this report shall include a record of the estimated average and maximum daily flows during the reporting period. At the discretion of the Director and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Director may agree to alter the months during which the above reports are to be submitted. I I I (2) The Director may impose mass limitations on users, where the imposition of mass limitations are appropriate, to meet applicable Pretreatment Standards or Requirements. In such cases, the report required by SEC. SEC. 41-145(1), above, shall indicate the mass of pollutants regulated by Pretreatment Standards in the effluent of the User. These reports I F-23 I I I I shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Director of pollutants contained therein which are limited by the applicable Pretreatment Standards. The frequency of monitoring shall be prescribed in the applicable Pretreatment Standard. All analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by the administrator. I I I I I I (3) Where 40 CFR, Part 136 does not include a sampling or analytical tech- nique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication "Sampling and Analysis Procedures for Screening of Indus- trial Effluents for Priority Pollutants", April 1977 and amendments thereto, or with any other sampling and analytical procedures approved by the EPA. SEC. 41-146. Monitoring facilities. I I I I I (1) The City shall require monitoring facilities to be provided and operated at the User's own expense and to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the User's premises, but the City may, when such a location would be impractical or cause undue hardship on the User, allow the facility to be constructed in the public right-of-way and located so that it will not be obstructed by landscaping or parked vehicles. (2) There shall be ample room in or near such sampling manhole or monitoring facility to allow accurate sampling and preparation of samples for analysis. The monitoring facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the User. (3) Whether constructed on public or private property, sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the City. SEC. 41-147. Inspection and sampling. I The City may inspect the facilities of any User to ascertain whether the purpose of this Chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or their representative(s) ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The Director shall have the right to install on the User's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering I I I F-24 I I I I operations. Where a User has security measures in force which would require proper identification and clearance before entry into their premises, the User shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. SEC. 41-148 Pretreatment. I I I Required users shall provide wastewater treatment as required to comply with this Chapter and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pretreat wastewater to a level acceptable to the Director shall be provided, operated and maintained at the User's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Director for review and shall be acceptable to the Director before construction of the facility. The review of such plans and operating procedures will in no way relieve the User from the responsibility of modifying the facility as neces- sary to produce an effluent acceptable to the Director under the provisions of this Chapter. Any subsequent changes in the pretreat- ment facilities or method of operation shall be reported to and be approved by the Director prior to the user's initiqtion of the changes. I 1 I SEC. 41-149 Publication of non-compliance. I The Director shall annually publish in the official City newspaper a list of the users which were not in compliance with any Pretreatment Requirements or Standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the User(s) during the same 12 months. I I I I SEC. 41-150. Availability of records. All records relating to compliance with Pretreatment Standards shall be made available to the Director upon request, except that information deemed confidential as defined in SEC. 41-151. SEC. 41-151. Confidential information. I I I (1) Information and data on a User obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the User. (2) When requested, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this Article, the National I F-25 I I I Pollutant Discharge Elimination System (NPDES) Permit, and/or the Pretreatment Programs; provided, however, that such portions of a report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the person furnish- ing the report. Wastewater constituents and characteristics will not be recognized as confidential information. I I I (3) Information, accepted by the Director as confidential, shall not be transmitted to any governmental agency or to the general public until and unless a ten-day notification is given to the user. SEC. 41-152. Harmful contributions. I The Director may suspend the sanitary sewerage service and/or a Waste- water Discharge Permit when such suspension is necessary, in the opinion of the Director, in order to stop an actual or threatened dis- charge which presents or may present an imminent or substantial endanger- ment to the health or welfare of persons, to the environment, causes interference to the sanitary sewerage system or causes the City to violate any condition of its NPDES Permit. I I SEC. 41-153. Suspension order. I Any person notified of a suspension of the sanitary sewerage service and/or the Wastewater Discharge Permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the Director shall take such steps as deemed necessary, including immediate severance of the sewer connection, and/or severance of the water supply to prevent or minimize damage to the sanitary sewerage system or endangerment to any individuals. The Director shall reinstate the Wastewater Discharge Permit and/or the sanitary sewerage service upon proof of the elimina- tion of the non-complying discharge. A detailed written statement submitted by the User describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Director within 15 days of the date of occurrence. I I I I I SEC. 41-154. Revocation of permit. Any User who violates the following conditions of this Article or applicable State and Federal regulations, is subject to having his permit revoked in accordance with the procedures in SECS. 41-152 through 41-157: I (1) Failure of a User to factually report the wastewater constituents and characteristics of his discharge; I (2) Failure of the User to report significant changes in operations, or wastewater constituents and characteristics; (3) Refusal of reasonable access to the User's premises for the purpose of inspection or monitoring; or, I (4) Violation of conditions of the permit. I F-26 I I SEC. 41-155. Notification of violation. I I I Whenever the Director finds that any user has violated or is violating this Article, Wastewater Discharge Permit, or any prohibition, limitation or requirements contained herein, the City may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Director by the user. I SEC. 41-156. Show cause hearing. I (a) The Director may order any user who causes or allows an un- authorized discharge to enter the sanitary sewerage system to show cause before the Governing Body why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Governing Body regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before the Governing Body why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least (ten) days before the hearing. Service may be made on any agent or officer of a corporation. I I I (b) The Governing Body may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the Director to: I (1) Issue in the name of the Governing Body notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings; I (2) Take the evidence; I I I (3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommenda- tions to the Governing Body for action thereon. (c) At any hearing held pursuant to this Article, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof. I (d) After the Governing Body has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. I I I F-27 I I SEC. 41-157. Legal action. I If any person discharges wastewater, industrial wastes or other wastes into the City's sanitary sewerage system contrary to the provisions of this Article, Federal or State Pretreatment Requirements, or any order of the Director, the City Attorney may commence an action for appropriate legal and/or equitable relief in the District Court of Saline County. I I SEC. 41-158. Civil penalties. I Any User who is found to have violated an Order of the Governing Body or who willfully or negligently failed to comply with any provision of this Article and the orders, rules, regulations and permits issued hereunder, shall be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this Article or the orders, rules, regulations and permits issued hereunder. I I I SEC. 41-159. Falsifying information. I Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Article or Wastewater Discharge Permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Article shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six (6) months or by both. I I SEC. 41-160. Validity. I All Ordinances or parts of Ordinances inconsistent or conflicting herewith are hereby repealed to the extent of such inconsistency or conflict. I SEC. 41-160.1. Invalidity. I The invalidity of any section, clause, sentence or provision of this Ordinance shall not affect the validity of any other part of this Ordinance which can be given effect without such invalid part or parts. I I I I F-28 I I I I I I I Section 2. This Ordinance shall be in full force and effect from and after its passage, approval, recording and publication as provided by law. Section 3. Passed and adopted by the CITY COMMISSION of the City of SALINA, State of Kansas, on the day of , 19 INTRODUCED the day of , 19 FIRST READING: 19 SECOND READING: , 19 PASSED this day of 19 AYES NAYS I I I I I I I I I I I I ABSENT NOT VOTING F-29 I I APPROVED by me this day of 19 I Signed: I ' Mayor Attest: (Seal) , City Clerk I Published the day of 19 I I I I I I I I I I I I I I F-30 I I I I I I I I I I I I I I I I I I I APPENDIX G MONITORING PROGRAM DEVELOPMENT G-l - - - - - - - - - - - - - - - - - - - STEPS TO BE TAKEt! flY THE CITY TO DEVELOP At! HFI UENT MOtll TOR I UG PROGRAlA ? N INCORPORArE PARAUETER EIlACT fiNAL REVIEW fiNAL ENfORCE fiNAL llUIIS IN ORDINANCE -- AS DEIERUINED BY PRElREA WENT PRE IREA luflH -- PRElREA WENT D I REC 10/1 OROI NAIICE OROI IlANCE ORO WANCE ~ I IIfOll1l APPLI CABLE RECE IVE AlIO ANAL YlE INfORU USER'S Of NONCO/APL Y I tlG DIRECTOR APPROVES f--- USERS Of PREIREAIUENT USER SELf-~NITORING -- NONCOUPllANCE ~ USER 1.100 I fI ES - PRElREATIIENT PROGRAlA REPORTIIIG REPORIS I REOUIRE COI.IPLlAIlCE fACILITY TO F AC III TY AIIO/OR SELECr PRErREATlAENT REOUlllEuENIS SCHEDULES) ACIII EVE COlAPlI ANCE OTHER UOOlflCATIOIlS PROGRAU AOUINISTRATIVE I---- STAfF r-- IIlf OIW USERS Of A nENO PUBlI C CONOUCT PIIYSICAl OETERUlIlE IF FACILITY SELECT SAlAPlItlG CONOUCT r-- PUULIC uEETING BY UHT ING Willi INSpECIION Of USER - SIIOUlO BE PERUlnED -- LOCATIOIIS 011 USER'S --- SAIAPL WG Willi rEN NOJlFlCAJlON APPLI CABLE USER .1.110 SAl.tPLEO PREUISES PROGRAJ.t SELECT CONSULIING ENGltlEER If NHom INfOIW USER TIIAT REOUEST COIAPLIAIlCE INfORM USER'S Of INSPECT USER'S -- 'PPLICIABLE STANDARDS SCIIEDUlE fROU USER CONSTRUCTION APPROVE .WNITORING COMPLETEO INfORM USER Of ARE NOr BEIIlG UET 1l0T IN COlAPLIANCE REOUIREMENrs WlIll -- fACILIIIES, PLANS, :-- HONI10RIHG ---- COHPlI ANCf 0.1. TE WRITJEN NOTifiCATION CONSTRUCTION, ETC. fACILITIES REPORJ REOUIREI~ SHEcr OUTSIOE lABORA lORY IF REVIEW ANO PIlOCESS NHom SELECT AIlAL YT ICAL OUEsrlONNAIHES AND/OR SELECT pARAIIETERS TO TEST ANO -- CAlfGORICAL PRETREAluENT -- BE ~NITOREO BY USER -- IAETlIOOS. LAB -- AUA! Y I ZE SJAUOAUOS AND APPLICATIONS AND ClIY PROCEDURES. RECWAEuO SoWPLES fOil SfwER CONNECTIONS SAMPLIIlG LOCATIOIlS -- ISSUE WASTEWATER USER SIIOULO APPLY 01 SCIIARGE P[IlIA lIS lO -- RfllfW pERUITS PUBLIC NOTICE AppLI CABLE USEIlS fOR IIEW pERUIT EVERY 2 YEARS OF VIOLAJORS (OPrtONAl) NTS I I I I I I I I I I I I I I I I I I I APPENDIX H TEST PROCEDURES FOR THE ANALYSIS OF POLLUTANTS (40 CFR 136) H-l I I I I I I I I I r I I I I I I I ~ I I S-20 71:2401 ENVIRONi\IENTAL PROTECTION AGENCY REGULATIONS ONTEST PROCEDURES FOR THE ANALYSIS OF POLLUTANTS (40 CFR 136; 38 FR 28758. Ocloocr 16. 1973; Amclldl'd hy 41 fR 527RO. Dccember 1,1976; Amcndcd by 42 FR 3306, Janllary 18,1977;42 FR 37205. Jllly 20.1977) PART 136- TEST PROCEDURES FOR THE ANALYSIS OF POLLUTANTS Sec. 136.1 AppllC'l\blllty. 136.2 ncftnlt.lOM. 136.3 Identl1lcatlon of test procedures. 136.4 Application for alternate test proc&- dures. 136:5 Approval of alternate test procedures. AUTfIORrry: Sec. 304(g) of Federal Water Pollution Control Act Amendments of 197:1 86 Stat. 816, et seq.. Pub. L. 92-500).. ~ 136.1 A""I;C'llhilily. TIle >,l"OCedures preSCribed herein shalI, except as noted in ~ 136.5, be used to perform the measurements indicated whenever the waste constituent specified is required to be measured for: (a) An application submitted to the Administrator, or to a state having an approved NPDES program, for a permit under section 402 of the Federal Water Pollution Control Act as amended (FWPCA) , and. (b) Reports required to be submitted by dischargers under the NPDES established by Parts 124 and 125 of this chapter. Md, (c) Certifications issued by States pur- suant to section 401 of the FWPCA, as 8omended~ ~ 136.2 Dcfinilion~. A1J used in this part, the term: (a) "Act" means the Federal Water Pollution Control Act. as IlruehuCu, 33 U.S.C. 1314, et seq. (b) "Administrator" means the Ad- ministrator of the U.S. Environmental Protection Agency. (c) "Regional Administrator" means one of the EPA Regional Administrators. (d) "Director" means the Director of the State Mtency authorized to carry out M approved National PolIutant Dis- charge Elimination System Program under section 402 of the Act. (e) "National Pollutant Dischn.rge Elimination System (NPDES)" means the national system for the Issuance ot permits under section 402 of the Act and includes MY State or Intcrstat.c pro/{rrun which hlUi been approved by the Admin- lstrator, in whole or In part, pursuant to MCtioo tQ2 ot"the Act. (n "8tandar'4.)I.~" m~ 8tand- ani JI~ frw t1UH!r lr.Iamfftatton of W.ater a1;d Wa"tlJ llfatd, 14th Edition, 1978. Thill publhmt10n b available from the American Public .B~i11th Association, 1015 18th Street, N.W., Washington, D.C. 28036. ~ 13(,..1 AJlplicDI;"n for nhf'rnnle 1('111 prfM'('dllr..~. (a) Any person may apply to the Re- gional Administrator in the Region where the discharge occurs for approval of an alternative test 1>I"OCcdurc. (b) When the discharge for which an alternative test procedure is proposed occurs within a State having a permit program approved pursuant to sertion 403 of the Act. the applicant shall sub- mit his application to the Regional Ad- ministrator through the Director of the State agency having responsibility for Issuance of NPDES permits within such State. (c) Unless and until printed appJ\('a- tion forms are made available. an appli- cation for an alternate test procedure may be made by letter in triplicate. Any application for an alternate test proce- durc under paragraph (c) shall: (1) Pro\'ide the name and address of the r~sponsible. person or t1RIl making the discharge (If not the applicant) Rnd the applicable ID number of the existing or pending permit, Issuing agency. and type of permit for which the alternate test procedure is requested, and the dis- charge serial number. (2) Identify the pollutant or parame- ter for which approval of an alternate testing procedure is being requested. (3) Provide justification' for using testing procedures other than those specified in Table I. (4) Provide a detailed description of the proposed alternate test procedll1'e together with references to pUbllshed st.udies of the applicability of the alter- nate test procedure to the effluents In question. 141 FR 527H1l. Ilt't'l'/llhn I, 197(,1 (d) An applirati:lh for approval of Kn Illtcrnate test procedure for nationwide USI1 may be mncle by lettM- In trilllicate to the DIrector, Environmental Monltor- jng and Support Ll\homt.ory, Cincinnati, Ohio 45268. Any I14lJlllcatlon for I\n altl'r- nate te<;t proced()re under th~ paragraph (d) shall: (1) Provide the Ilame and address of the resp:mslble person or firm making tile application. (2) IdentUy t.1lC pollutnntrs) or pa- r.ameter(s) for which nationwide ap- proval of an alternate testing procedure Is being- requested. (3) Provide.. detailed descl'iptioll of the proposed alternate procedure, to- [Sec. 136.4(d1l3IJ ,\I F^lltS. INC., W^SIIINCION, D.C. 2(1(137 (g) "ASTM" mc-anll Amlual nook of Standard.~, Part 31, _Water, 1975. ThIs publlcaLlon is availatife from the Ameri- can Society for Testing nnd Materials, 19111 Race street. Philadelphia. Pennsyl- vania 19103. (h) "EPA Methods" means Methods for Chemical Analysis 0/ Water and WI1.!~, 1974. Methods Development Rnd Quality ASllurance Rescareh Laboratory, Natiollal Environmental Re.osearch Cen- ter, Clncinnati, Ohio 45268; U.8. Envi- ronmental Protection Agency. Office of Technology Transfer, Industrln.l Envi- ronmental Resenrch~aboratory, Cincin- nati, Ohio 45268. This publication Is available from the Office of Technology Transfer. (41 FR 52780, December I. 1976\ ~ 136.3 Itlenlifaclllion of I('~I procc- dures. .a) r,Vl:ry parameter or pollutant for which an effluent limitation is now spec- Ified pursuant to sections 401 and 402 "Of the Act Is named together with test descriptions 'and references in Table I. The discharge parameter values for which reports are required must be de- termined by one of the standard ana- lytical methods cited and described in Table I, or under certain circum- stances by other methods that may be more advantag-eous to' use when such other methods have been previously ap- proved by the Regional Administrator of the Region In which the diSCharge will occur. and prOViding that the Director of the State in which such discharl;te will occur does not object to the use of such alternate test procedures. (h) Under certain circumstances UJ!' Rc- glonal Administrator or the Director In the Region or State where the discharge wiII occur may determine for a. par- ticular discharge that additional param- eters or pollutants must he reported. Undcr such circumstances. additional test procedures (or analysis of pollutants may he specified hy the Re~i"nal ^"1II in is. r" tor or the Director upon tht. recommendation 01 the LJirector of the Environmcl1l:d Monitor- ing and Support I~lhoratllry, Cincinnati. [41 FR 52780, Decemher I, 19761 (e) UDd~r certa.in clrcumstancell, the AdmInistrator may approve, upon rec- ommendation b3' the Director. Environ- mental MonJtorlng and Support Labora- tory, Cincinnati. additional alternnte test procedures for nationwide use. 141 FR 52780, ()eccmhcr I. 19761 8-28-78 Puhlished hy '1'111': 1I111n:AU OF NArrON"!. H-2 41 I 71:2402 CONSTRUCTION GRANTS MANUAL I I~f'l,her with Terercn('l':; 1.1) pllhJfsl\l~ll or Dther sl.llclil's ('onf1nnln~ the ~en('rnl l\P- plicahilil,y o[ tllc I1.It.l'rrml.l' t~;t procedure to the pollul.nntls) or pnmmet.l'rcs) In wl\ste wat.er clJsrhl1.rr.es from represcnta- tlve :lncl specified Indust.rlal 01' other cate~orlcs. (4) Provide cOnlparnbillly data for the performance of the proposed nlternnte test procedure compared to the perform- ance of the n Ppl'oved test procedures, I I [41 FR 52780, December I, 1976) I 136.5 Approval of allernate test proce. d ures. (a) 11le Rej!ional Administrator of the re. gion in whkh lhe disch;Hge will occur has final responsibility for approval of any alter- nate test proccdure, proposed. by the re. sponsible person or firm making the diS- charge, . (b) Within thirty days of receIpt of ;11\ application. the Director will forward sllch appJkation proposed by th.e responsIble per. son or firm making the dIscharge, toge ther with his recommendations, to the Regional Administrator, Where the Director recolII' mends rejection of the application for s~ien. tific and technical reasons which he provIdes. I I I I I Paramllw .nd ynlta I t, Acldlly, M C8COI, mlJJl- ~8 per Utero 2. Arbllntty, ll.1 CaCOI,' mIDI. gl'llmS pIlr 1Il0r. I 3. Ammnnl" (1lS N), ml1l1~rnJlla ""-,,liter, . DACTJo:RIA I I I I :-;,.." ('lO'1Iflh"", at "uti of tnhll'. I I I I h\' Rq~ional ^" lIIill;< I I;ilor sllall dellv I he applieation, ;IIHI shall I'lIw:ird a (.Ol'y or tile Tl'j''l"ted applicalion ;lIld his d,'cisioll I.. IIII' I>irerlor or IIII' Slale ""111111 Progralll and 10 the lIin'I'hlr of thl' h,,,ilOlllm'IIL" MOllitor- illJ: and SlIpporl 1~lholalnry, ('illrinllali. (c) Before approvinJ: any applicalinn for an alternate test procedure proposed hy Ihe responsible pers,on or firm. making the 11Is- charJ:e. the Regional ^dlllllllstrator shall for' ward a copy of the applil'alion 10 the DtH.c. tor of the Fnvironmental Monitoring and Support Laboratory, Cincinnati for review and recommendation. (d) Within ninety days of receipt by the Regional Administrator of an application f(lr a.n alternate test procedure proposed by the respon~ihle person or rirm making the dis- charge, the Regional Administrator shall notI- fy the applicant and the appropriate State agency of approval or rejecti?n. or. sha.1I specify the additional informallon wlllch IS required to determine whether to approve the propo~ed test procedure, Prior 10 the expiration of such nl~ety day. per~od, a recolllmendation providll1g the sClenl1tll: and other technical basis for acceptance or reJec- tion will be forwarded to the Regional Ad- ministrator by the Director of the Environ. mental Monitoring and Support Lahoratory, Cincinnati. A copy of all approval and rejec- tion notifications will be forwarded to tbe Director, Environmental Monitoring and Sup. TADJ.JI: I.-IA~t of flpprooed 1631 prorcdur('~ I pnll LiI",raln,y, ('ill< IIl1lati. 101 Ihe pu'l""'" of ,wliol1;,J c(lordinalion, 141 rR 'i27KO, Ikcelllher I. 1'171,1 (e) WIUlln ninety days of Ule TOC.clJl't by Ule DIrector of the Envll'onmental Monitoring and Support Laboratory, Cincinnati of an appllcat.lon (or an alternate test procedure for nationwide, use, tile Director of the Environmental Monitoring and Support Labomtory, Cincinnati shall notify the nppllcnnt of his recommendation to the Adminis- trator to approve or reject the applica- tion, or shall specify additionallnforma- tiOD which is required to determine whethet to approve the proposed test procedure. After such notification, nn alternate method determlncd by thc A~- mlnlstrator to sn.tlsfy tilC allpllcnble re- qulremcnts of this part sho.ll be approved for naUonwlde usc to satisfy the require- ments 01 Ulls subchnpter; alternnte test procedures determined by the Admlnis- trntor not to meet the applicable require- ments of this part shall be rejected. Notice of these determinations shall be submitted for pUblication In tl.1e FEDERAl. REGISTER not later thnn 15 dRYS nIter such DotlficaUon aDd determination 14 Jaltode. 141 FR 52780, December 1.19761 Mlltll04 nr.f'lrr.n,'~ 1074 Hlh OIL (\l~. no~.) EP A al"'Hlnrd melhods methods Pt. 31 llflOS 197& mcthoil.. ABTM 0"11'( npPTHV,.,1 mf'fhl).j. Eledromrtrle end polnl tpH 01 R,2) or phenr.!- phthlllrJn ond poInt. E1oetrmnetrl" tltr"Unn (only to pll 4,&) m"nunl nr "ntonlnf.4~d. or ~Qlllvn'" Irnt nulmnau.,1 nwthl)ll~, Mann,,1 dlstllbllnn , ("t ,,11 __.._ 9,&) lollowr.1 hy nc...I.'ri- ""tlon, titration, eloc. trn<re, A ulo,"al..d pho. 1l01"to, 27314<1) IllI 3 & _..- 10 'Oin,; ~ 278 III 41 ~ (lil171 110 ___.___..____ . J.~O 412 237 11& '\1>11' Ill.~ .... _ ___ ___ __ .____ _... ____. _.. __... 1fl8 &1& _______.__.__..____ __.__ n22 ___._____.____..___..__ .. !JJ7 ______.. . (..,)------.. 022 .u_____..._._ .___..._.._.. 928,037._______.___.__. ___.._____ 018.__..___......_____ ._..._.. 92ll ____..00 I (M).......__ 91& _...___________...___....._ _. 933 ____.._....._..__..__._..___. H-3 Sewage Treatment Construction Grants Manual [Sec. 131;.5 (Table IIJ 42 4. Colilnnn (Ieclllp, nl1lllher I'er MPN;' mrlllhralle f,lIer. .h.. .:."_"00 100 mJ. 5. Colllonn (Ioelll)' lnpresenee _____'10.".. ......_.. _..______.____.. 01 chlnrino, numoo Jl<Ir 100 ml. &. Colllnnn <tola)),' nurnher per ... ..,10. '.._ __ _ _..... _, _.. ___ __. .__.0000 100 nt!. __.000000. 7. Colifonn (toto))> in p..""nr.ll MPN;' memhrnne IiItor ..un___. nl chlorino, numll<'r Jlt'r 100 with enrichment. 10' .8. ~'''''.nl slrcplnC'lecl,' nnmh.. MPN;' membmne /lllor; _n _n__ 913 n_n_..._n________..n.... _ ller lOCI mi. ptnlr ronnt, 90\1 _.____.. . (60) ___n__. __ _ ------.--. !Jot7 ..n.___.n____.____n._.... _ 9. JI,'n.i'linn, nlilll~ralll' /1<'.r lItor - OIHl"Unn-mltlrlmot.rie '._.. __n__.___ ___.. _._ n_____...____ ',' ___n_n n __ _. _. 10. llind,cmi....1 n'YK"" ""II1"n.I, Wlllkler (Ad".. IIIO<hl1.....n._n..n 513 _______. (roll)..__._..._ ,~-ll (1l01lel, millll!J'lUR. \l"r linn) nr oleclro.lo mol.hod. ._.....__..___ ____ "(17) 11. n::Jt~~:i"lt\ mUli~rJul1~ IH" Ul'~r _ TIl,im~l.rjC", lodhw~-iod1..la.... 14 _. 6~._. .. 3?3 ,~ . J2. Clu'",i4'nJ olt:y~r.n th'UlRIHI l'trhrontnf,f1 r~nmL__._____~.. 20 fi.w,U 472 121 8 (filii) (COil) "'1II~r"III",,"rllt.r. . _.n__....____ _.n....___..__ _. .'(17) la, Chlnrl..r:mllll'm"'.J'H.rlil....__ !lllv." nilrlllr: mr.rrurlo nl. _.__n._. 31~1 267 ._____h.___n_ __. tralri or 111.1001....... oolori- 211 304 2M __.___.. n . (e::" n'.ITlc-lerrloyanlde. 81 &18 __._ _... II (.16)...___ _ _ .._ I I I I I I I I I f' I I I I I I I ....---..... I I POllUTANTS ANALYSIS 'I, 71:2403 ("\"''''''''''f ,tHfl nlllfle l-t. ('''Iurlllal..,( (In.:,allir r.Olll. llifltlnds ({' ("('!(' 1'" pcslit'idc,,), olil1h:r.\ltI!" rwr lill~r. 1", ('lllnrilll\-lt)I..~1 r(>~i(hl:ll. Illilll. !.:r"llI~ J'''T Ii/f.r "i. ('1)101', pial 11111'" l."II'all HUll''; fir ,1"IlIlIlalll wfn'(' 1"1I!!lh, hWl, IlIrr:in:\llo', pllrif ~'. t7 ('\,all)lU', '"Ial." 11Iil1il~11I1Jl" I'f'f hlpr l~ <<. Y:"Hlhl ;1.1114'llillllo l!lehtullll- aU!)u, nIlUi~r:\Iu.'l p(~r 1i"'L 'fl. l>i!c.qnl"Vf'fl O'}"I!:r.I1. rni1liJ:WIII~ I'''r IH.r. 20. Flllori<<I.', Illilli\Cr:lltllol"Il'r :ih.r ~l H:vil'1f'~:-O. Tulll!' ns (':I( 'n mil1it:T'lm~ pf'f litr.r. ...... flydll,c.:"1t loll 'pll" plr 11111'.... 'l:I. Kjd'lnhl lIil,rl~f'n (.,.. ~'. lIIi'lIil.!""II1:~ p".r IlIp... '11..1."'" .:t, I\hlnlinnm -Toln1.lIdllICl:II'I"': lil'r Ii:(,.. 't:i, AlnHUIlII"t .-1 'j:.)soj\'I'tf, lllilli. ~ff\m:~ l'nr 111f'r. ~ti. Aul.inlfllly-.Tolal. lI1illi~ram'i vr.r liter, -:7, ^ntimf)ny--Tli~...olvrd, milli- ~mrn~ Jlot hlN, '" hrslmic- Toft,!, IM1I'lilf'r. '~), Ar~f~n1C-J)1:;~ol\.I.11. lIlilli- gr:un:~ fir.. lill't', IIIi11i~r;lIl:' ;~Q. J\ariunt-TlIll\l. 1IIllli!;:fill1lS I",r Iiler. 11. llaritlm-llis.icdvcf1, mHIi- grarn,~ roc lilor. 32, 8C"t"yJliurn-T(,lnl, t1Ii11i~rf\m9 I",r Ill..r, a..'l. nt'rylJil1lH-J Jis:.:ulv('fl. milli- grnm~ p"r lih:r. 34. noron-Tolal, 1I1im~rams pl~r liter, 3.1). lloron-nt,:.l..c:ol~l'd, Milligrams per lit"r. 36. Cadmium -1'(lll\l, JlIi11igruHI:'t p.r III.r. 37. CB/lminm -lli""nlvo,l. lIIi\ll. GTl\III~ ('H_~r 1iH~r. 3lJ, Caldnm-1'oll\l. mllligll\l1l~ por Ill".. 30. Calolnm-])io;::.nh'ctl. nailli. g.."n. I"'r Iller. 10. Cllrnmhlln VI, ,"i11I~fI\lII~ por Iilrl. U. ChrorniuIl1 vr -TlIAAnl\'f'II. millIKNltIt.'t I",r IllM. 12. Chrnmium-Tol.I\l, miJliJ!r:\In)'( ptr I.ur. u.. Chrnmium-"ht,,,,,I\,,'d, JlIHII- gram.] ('('.. Ii l<~r, See (o/)'-n"tr,.< at {'nd of 1.llh"" \fl" hnd 1\IH I':I'A nwlh",I, r(("l'r, llt"l-~ lilh Nt (Jl:,,~n floS.) st.n.nflarll---- .--. -. - - -- IH"lh",I:-; l't.:1I 1;;-;C1H 1'171\ IIw1llflfhl A"T~' :1.:, JI,,,, .C~ -':;,'i ,l:U :\!'l ;t..... :\111 :w. lIit I;.... Olhe. ;~I)IJn)yft(J t11l'111f)rt~ '.(':/"1 I:':li .(H(1.') \ (:a:-; 1.111I'''1:lfo~'':Ipll~ l~ IlIdllllll"lli'.'lll'alillll, "lllJ"'''' Olllf'lrir" IIr :lI:lI'l'IJ.iodilll' l"I'I.poilll; 1)1'1) Clllnri. lIIdl"i(' ur Tilrillll'lri(; 11l,'lllfld~ Ithl'~" I:;'" .,t t\ff> inl"111Il 111I'thod~. p.ndllu( l:ll,oralnr\' 11'..;lillcI. ('I.loriltlf'lrI(': ~P"I'III)IIIIlI'n 1I1.'ll'i,'; Ilf :\ I ),\11 lITH. I'"dlll" ." Ili~;' illdllOll rollll\\ ,'d 11\ ..;iln'r Ilitr:lIl' lilla!ifll1 or p,\ I jdi"r l'~ ra1.f111l1If' (or IO:lrh.llllil' ,1I.,d) l"lof! Illf'I,i." .1'1 \\!II'-Il " l,\li.l.' ","'Ii'ka. 1 inll) Ill. l'!"r'l'lJll.' !lId Ilnfl. 1)i';ti1!alinll' r"lIo\4"I".1 hv inn "ktoIIOfl..; ....;l'..\I)N~: "I' :IIII1,lllall'll rf)1l11'1I,'\ftlU', t-:p"!",\ lilra1iUl1; nllln 111:11.'.1{ ('OlflliIl1l'111.,; or :lIulllit' al1:-;ol\l\ 1011 1~1I111 III (':1 :11111 ;\h' :L.1o{ tlwir I{ 1"'1"1 i\ I' r:lI hf~ll:\""), "_h'dlllllll'lril; 1I\1':i"lIr.'IlI' III Ilil!l'slioll nlul di~lill:\ti"ll (0111)\\ .,d hy 111.....'kl ill~II'III. lilr:llilll1 or l~h'I'lrlld..' .1I110011al;,d fli~I'sl 10111\\lI,u: Ilmtrd plu'l1olaLc. I)I~I':-;Iiotl l~ rill 1.,\\ ,.Ii I,) l"t ullllllir ah"ol"pliOll gill" 11,.- f'olllril1wlric ll'~1 jqChroOl" t.:,~\:~:i;,I:::IIHI~itraliIlIlIT rllt JOWI'(I hv rl'lt'rrIWI',lmcl,h. ods for '.01:\1 atlJiIIiIlUIll.. Di'~I'stif)n l~ fullnwl'(1 by "I l\lfllllir ah50rpl iOIl.'1l 0.1;; lllil'rOB filtration 17 fol. . lo\nd hy rd.'II'uN'1I lllf'fIIOt! (or lolrtl :"', illlony. I ~1r.1'~H iOIl follo\\"f'fl hy .<;il\'"r di,'l It \"I'li I hiucarhalllul(': '. fir nlt;lIlif~ ahr,;(Wll1 i01l,11) II '1.') o. r; 11Il,'ron fill rat iOB 11 rol- 111\\11'tl bv rdl'rnllf'rd Ilwlllo(1 for' Inial fl.1s('nie. Ili\!l':-ilifllll-, (ollow.~,1 hy '.IT :1.1.')llll<: ah~n(Jltiull.'6 O,1;j mirron Hltl"al ion 17 fol. )owfld hy rrrt'fl'nffld met hod for 1111:\1 h'lriulll. [)iv;rstion t, fnllO\\'f~d hy ')', n.11,mic ah~ftrpt.ion t~ or hy ,'olnfitn.'trir. (AillllliIlOIl). 0..1;; illicrOIl lilllalinn IT flll- low('d hy rdl'rrncnd m~lhod(or Ifltn.1 hrrylliul1l. Cnlorinwtric ((:un.:umin)_... 1.J 0.,1:' IPirroll OHrnl ion 11 fut. In\'t-('l) hv rdt'r(,lll~d melll- '-'" for t.ohJ.1 horoll. I )il!~~stion 15 (o\1nwt'fl by tOl :J1olllic nh~orJllio" U or hy colorimet.ric (DO,hilOIlf!). 0,1:' mirmn nUrnl inn 17 fnl.. . 10WNl hy .....r"rC'IH:rlllllr.lh.. nd (or tulnl ''Admintn, I lil!:,'sl inn II ((lUtHy,'.l hy IO:J alflrnic~ ahsorption; Uf 1':1l'I'A tilraliclII. o. tr. l1li('rOIl nUrllliulI I~ rot. hH\'f'f1 hy n''''rnne'',t m<:tll.. od for tolal c'11.killlll. )';.Hmd inti allfl :\tomic "I.... ~~l. lor. sHrptiuIl: roleu.ill1l-' ric (Ilj- h _u_.._ 1)lll'II~"'arl'a7.if]n). 0, ti 11111'1"1111 f1Urallull If rol- . 10"'\."1'1) !tv rdl'rI'II,..',llunl.h. lId ror dlrnllliUlI1 VI. J)jr.,'~.;lj(J1I1I (ollowc'fl hy 1M alollllt~ ah~otptifln Iii or hy cnlmil1ldric (IJiphr.nYl. 1.:Jfl)R7.id.,). 0..15 mirwIl ftl1ralloTl H (0[- )fJWI.tl by rd.'rrll,..NI rncth. uti for lolnl chrflrnil1l11. H-4 .lli 'il "':.: .,ji Iq ~ll ~(f.i1) .;'1 '" ,SId .,0:' I.!'f I'" (l.()lil '(hl~, .1 ~I. ,f~., C.I ",Ii In ifIll a~~' '\"1 3,Q til. "YJ 1I (I'" 11(:111 "(:17) :,~ .;3 62 I (GI9) i' \31) 6G __. 7(, .~.. 7r. .._._...__.__ 711 I (nl~) 77 8-28-78 [Sec. 136.5 (Table II) Publi,hcd by 1'111 Illll{l^l' OF NATIONAL AITAIRS. INC., \\'ASIJI1':C,)()N. Il.c. ~rllln 43 nr, :1" M hI<( 711 ,~: t' I I;:; ,,,:, I.,~ 11,j) 1:11 I..: 171 :!"'.; ~"I 15U I,;~ 1:12 177 ~1 .. 1111 301:; 1~2 tl~ 31$ IS!I .___... 1!J~ 111\ :U!i 1'13 2!10 . I I I I I I I I I I I I I I I I I I I 71:2404 CONSTRUCTION GRANTS MANUAL I'"rf'lllt'l"t :1I11IOtlll': Ii. (',.I.al! '1'111:11. lllillh:.ralll'-l. (M'I' lil,l'r. t'l (:oh:\ll I }i"~flh'(',I. milli. ~raHl~ (IN lilt'l'. Hi f'nl'I"" Tlllal, I,t.rli:l'r. IlliJlil:l":llll': ,; f 'tl" 111.r II i"~'li \'1,,1. 111111; t.:nllll" I""f Ii',"', I~ f:lIld '1'01-11. 1l..1I.L:LIIII' Ill" litll,", "I, frlflitllll To"" IIllllir.nll"'" pl'r lil,-r. .in Iron Tnl;\' 11I,11il.:1:~III'; 1'1" iiI"" . :01 1...111 11,....ul\.j..j Tl"lli"Ll1tl~ pl'r Ilt.t.,. ' ;,t. r .f'lvl . '1'01 II, IIQlli:,.:r:Utl"l ftl'1 IiI,", ....:' Lt,.,1I IlJ..;..;ul\'I'd. Illillh:r:\1lb tN" IiIN. .'a. M~llf':(ittm '1'01111, IIlilli. ~ra!1l:-; I"'r Iilt'r. ."'. :\1aCllt.,ltllll -IJi:c'-'uIVI',j "lIlli. L'r:"ll.,r'!'rlil,'r. ,'.Ii M;LIoC;;';,:'I' T',!;\I'llillll.':'/:1I11t.; Ilf"f Ii',-r I, :\1:hll:."""" Ili-,..;"h 1,,1 lllilll. cr:\';:'- "l'r Ii','r. "I' :\1"ft'1I:', '1'111.11 lllillll":liji'" prr llfl''''. ;ll. !,-1l''''Uq.'-- Itl,,,ol\'.'/I, ntil!i. ~r:UIL-'; Pl.r lill'r, tWl.l\1l1hl"lr'1l11111-.Tnll\1 Illilli- J: riulls rll'r Ii Il'f. ' m. Mflh'I)fIHIIIJII1--.I)i":~UI\.'I',I, IIHI!'Cf.\H1~ !)l,r lill'r, Ii'.!. Nll'k.., 1'(11-1, Illilli!.:!~lIll'; lll'rli'H ,~,. Nick'" 1.1...~ld\.l"f1 milli- cmlll:"l"'r lil('r, ' 'il. O~i111I1II1. Tubl. l"illj~l"I\f:I"l I,,'r Iih'r, f...l). J'al1adill!1I .'1'01 ;11. f1lilli~r.lltl~ p,'r lilt'f. (in. l'l11ljll1lll1--TIl:oaJ. JIIilligrnlJt~ I",rlit",., (ii I'(tl.~.....illllr '1'111:\1. millic,I':1nTS 11('" Jill'!'. f;"", "ola."ir.-.;iuIH 11i:,.';1I1\'I'I1. IlIilli. l!nulI."i p\'r lilN. UJ, JthoditulI-Tnlal. IIIHlil;'ral1l"1 JlrrlitN. 70, Itlll.h"llilll1l- TOIlll, milli, ~r:"n:-; II{.r tilt'r, 71. ~rJf'l1hnH---1'olal, IlIiIIigr:\ll1:-\ . PI" lill", 12, R~I"-nilJm--I)is.<':fI'\'Ctlt milll- .'r:\ltI-4 pu IIlt'r. ;:1, ~"Il'll IJi.......uh'r:d lItilli~rnlll': IH'" lill'r, . H, ~rl\""r - Tol'..I, ~J [WrJitN. 16. ~ilYf~r.~ l'i:_.,f1lv"fl,t1 1l1illi. ~nunq rwr lil,'r, IlIillj(.:rnms 7ft BOfliunl- "..1111. l1Iilli~r9.JIIs P'" Ill",. 17. Sodillfll-- Dis:iOh'cd, ntilli- ~r:Hn.q p"r Uf.('r. ~f'(' rfUttllnll'~ :11 "lid uf lJlhl11 f(..r""'IIl"I'~ l'I,i Ill" f d. (P;\'~I' 1111': , fJII,,'r I':I'^ ~1"llItl\nl I\PIIIO\"'II nll'lllIlll. 1I11'lhpd... "I .11 1'~1 ;s lIu'lhflds I ')i,~, hll'llr..,j.. ^"T~I 10, II" ;(1-, ,It III (:f; J llN II.... ;1 ,-, ~.q (la!l) III Pi) I'u, _hq ~It'1hfld I )i!-:.l~sl illll I', folhm','d hy l\lnlllic' :\t.:-:orptiofl.lll n I.i IIlin'f)1l lilll';~UolI I' fIll. 11I'.\"nl 11\, ,rh'1'!'lu'rfllll"th. nd (IIr fl)lal ('oh:ll!. r-)i~""~I.lllIS rllll(l\\"d b.v alOlllil' aho.:nrp1ilJ1l1'i lit" h~ 1'0101' i III I' I r II' (N' .'(lC'lI "roilll'l. 11_ Li IIlil'lnll fiJ!(;di"1l I' fltl 10111'" 1,\- Il"rl"-I'IlI'l'd lIWI/', l,d,lIll' I/'llal {""PI'I', 111:':I'~1 inll I', f"II11\\l'" h\ ;,"II'lil' :lh""'q'lioll,l" I )q!I'..; I illll I; '/11"1\\ 1.01 1,\ allll:,il' ;,11..", ptloUI.I I lir'....' ill II l' r..llo\\ lof 1,\ :lllIll1t1' "ll,"q.tipll I' IIf II.\" I ,.llll"ill'I'11 il' '1'1,,11',11111"0 hll' '. n,I:. Ini,I-ll11 hlll';ll'j.'l\ 1. fill 11I\\I'd I., Il'It II'IIlI,d 1'11.111. lid fill' fl"1H1 iroll, I )it.~I....1 illl1 t'. ffl 1111 n t't! h \. alOlllll' :d'~<1l'l'l ;"11 f' or h~ "lIlnrillll"lrit. (, )tl hi1,ftW'1. 11,1:, 11111'1"11 hllr:"illll " rul, lll\\-I'!! 11\ p,r"!""II(" 1''I,'lh- ,.d rill" Inlalll'ad. 1111'1".0:: illn t', ro 11 1)\\ I'" It\' 11.;''-11111 """01 !,rini1; I;f '~ r:l. ... i 1111' I ri (' . o. \:1 IlIiI'r'lll fdlt:t'iIl1l17 du! jI.\\ .,d "\ ....I,.ITIl(.!"1 1111" 11I,.l '''I 11":11 111.1':11'" "111111. Iii!..,. ~,lill" Inl1,,\\,'r1 11\ IW ;ll'OIl1i,' ;11';""l"pli"1l 1'01' h.\' , ,,,, .,11111': I ii' I ! 'l'r""IH~'l" fir Ilfrilldall". 1'.1-, 1IIi,'IO'1 fil!11I;/1l1 l1 rpl. 1''''''01 II\, lI'f"""II(",,,1 1111'11",,, rill" IIlLII 11I:lIll~;... 111'" 1-'1'111111, ~~. :II'II'lil' :t11"'1U1' IlJo\ li/.II. 0,1-, 111:"11'11 lilll;r!ipll I: fill. 111\\"/.1\ I.\" Id"II'IlI'1'11 1I1t'IIIml rill lofallll/'rc'l1fV, l)il:"..;lilllll.; foHn""" 1.\ . 1.1" altlllli,' i!1"':'ll"lllit,n,'" fl,l.') lI1if'rWI II 11. III I inll u 101. 10\.. r'd hv l'f'f,'n'l1N'ri llll'll1od ;(of.1ol"IIlIoI~.llIh~- 1111111. I 'it:"I'''i1 i..1i 1~ r"IlIJ\\I,tJ h... 111 ;\Iolllie alt",ol'pl jflll l~ or h~ 1-IIIt1rirlll'll'it' (11"l'h,\i",,'). H. I:, Ifli,'rUIl filtr:,-' ion 17 Ill). )11\\'(,11 hv rdl~1 f"1I(,;f'fl 1111" hurllllr',olalllif:k'rl. I 'i~I'sliflll I:; follfl""rfl hr alttllli,' :lh~OI'f,1 iOl1,ln I )i~I,:-;tiol1 u rollm\ I.d hr ;llolllir n"snfJlliull.1~ I }jj!""1 hm I', (ol1'~wt'.1 h~. :'II'll1i('l-\h":f1rptioll.!~ I )tC,...., inn n 10Ilo\\'(~tI b)' 113 _ ~rI nud(' :\h~'ol'l)lioll. ('olori., , Hll'll"k (('ollatl,inilrilt,),ul' .._.._.__. h~' lIaflll' pholon1l'lri<<', n.r) miC'fun lillratiofl \1 (01. Inw('(1 hv n'fl'I'(,llt~11 111(\I.h. or fnr l(~lal putas:.;illlll, 1 )iJ.:('~l ion Ij lollowrd hy n.llmli(~ all~')rpli,'tl,l" J 'i~I,~t inn Ii 10110\\,,-.1) hv- al,HIII if~ ah~l1rption.l' 1 )1J!f'Stilll1 15 (lllloWI'd hy U:'i alltlllifo a"~;'\rlll iOIl.IIl t~ 0,1.') wit-roll f1l1ralion If rul- )m\'l'rI hv n'(.~n'II(~d mr.th- fld fUf t.)l at St,lnlliUlll. n,1.i lIIi('IOIl liltmlioll17 (nl.. 'Z7t 1tl\\'I'tI h}- ,'o)ntilllnlrh: (:\111Iylll.hl';ili.'all'), Pil!.."tiulI 15 rolllHvNI hy tiR l\IOlltiC' l\hsf)l'plioll 1/\ hr hy "f)If)rilllf~11 it" II>it.hi7.011f1). n, J:. IIIh'rnll liltration u rol- Inw",I',\' l'df'fl"IH:P/I m~lh- wj ror 1,;lItl sli"'('r. I >i~f'~' ion" ("lIflwf'ft hy 1 t7 atomic ah:-;orpl ion or by Ilnnlf' J,hf)lflflll~lri~, 0.1;1 1I1ic-mtl fill, ration 17 (01- lU\\'Nt hv ft,rrn'fl,'r-d m~t.1,. oft rOl' fotnl ~oditlm, H-5 Sewage Treatment Construction Grants Manual 1111 11'\ :11, Hto! . (',I'll :!O1 :'~f: II~ 11'\ :11:, Ill" . <'01'" ~I:-I . III II~ ~ I., IIr' ('.1'1. ;l:ll ", :11.. '" -(lil"1 t!,'" 'l'!.~ I:',tj ;I;t... _ 11 (',Il :I.'~I II~ 232 :11,; I L; 1:11 · (li20) 2:1.'; 23\ 100 _, 1.';9 .. - '"1 J!'" I : t~ I II~ 112 '(iii!') "(:17) ~1:1 It:, . (11211 ~.A' 1lI:\ [Sec. 136.5 (Table I)) 44 i I I I I I I I I I I I I I I I I I I POllUTANTS ANALYSIS S-2U 71:2405 rOommet.r Oond nnlu Melhod 1074 EI'A method. 91. Ofl(nnic carholl; total (TOe'), lu.illigraUl! p~r littr. 92. Ofl(BlIic nitrOl(en (till N), milU. J!f:'\TI1S pr.r litf'r. 03. Orthophosphate (...., P), milli. ~rnm~ per Jitrr. 94. Penlad,lorophenol, Itrnms Jlf'r lit.('r. 06. Pesticides, milliRrnms per .....do.It____...........__........ liter. 98. Phenols, 1I1illiRrnm. per lIt,cr.. Distillation followed....... by rhlorlometric, (4 AAP) u.... ohromBto~r"pny ........:... .___. '18, Th:\Il1l1m-Toll>l, mJUlgrBnlS per liter. TO. Thl\llinrn-Dl-solvcd, mJDI- gmms per liter. 80. Tln-Tolal, mmlgrBOls per liter, 81. Tin- J)j,.,olved, mJlURTllnL. pe.1 litor. 82. Tlt"nillm-Total, mJlIIgmnL' ,..r iiI..... 83. Tlllmium-DI,,""lved, milll. grnms per UtIlr. 84. VI\n3Iliunl--Totn.t, JUmi~fl\IIlS per lIIe.1. 85. Vnnndlllm--11issolvr.1, mllll. grnm. p'''' lI""r. N. Zinc-Total, milligrams per 1l1A\I'. 87. Zlnc- DI..olved, ""r 1II,'r. AS. Nitrate (as N), mi IlIgm1l1. ,,'r liter. mllligrnm. 89. Nilrlle (:~. N), milligram. prr Utero 110. 011 Rnd grrl\S", mlllign\ln. per mer, 8'1. ]'hosph"'''s (elementll!), rnlUl. ..rn1H~ ))('r lilf'r. 116. Phosphorus; tot.al (ns ]'), mlllillfllnlS per liter. KA mO'.OOICA'.. milli. 1>lge_.llon" lollowed 1>1 atOllur. al)R;()q)Uon,1I 0.4~ mkron lIItn.t1on" 101- _......... . lowed hy r('J('rl~Ilr.r.d nlctn.. ocllor total Umllillm. Dllle.UoO" 101l0w",1 by n.tomlc nh:mrplion,1I OAr. Inieror\ liJl.ralinu u Inl- ... lowft,d hy rcJf'rl:t1CI~fJ mdh- od for totaJ till. Dir.:esUnn II foltowl'tl l)y n.tornic 1\11~rpUun.'~ O.4~ mil-ron filtTf\lIul\ IJ rot- .. Inwr.d hy rt'kr(,1U't'll nwlll.. od for tnLnl1.itanium. JJh:l"st.ion u 'nllf)WI~,1 hy 1!,J nlO1nic nhMq\t.inn '1 fir hy ........._ c'llorlml'lrir. ((:"IIir. S\l'I,I). o. ,r. mirrnn nil rnt ion n fill. ....... Jowf"d hy n'fl'rf'lIn'd nwth.. 0t1 fut total VnTH\fHllm. l>i~""lion" lollnwe.1 hy 16/1 atomic n.h~(lrJltil\J11t or hy ..._...____ t~olor~ll1rhi(~ (I )ilhi,.unn). . O.iS mi"run nUration n rol- ..._ lowe,l hy f"'l'r(,flc'cd meth.. Oft for tnl.nl liBf'. Cnclmiunl n'dllf.tion; tlru- dllo suUatA'!; f\1JLumntr.\I l:admtuJIl or hydl"a1.in~ rc- dudion.'J1 l\rll\TlIIal (If :lUlOll\nt.4'd ('olori- lllrtrir. (Diu7.olilat ion). Liquid.liquid f'xlrnclion with tl'illhlofo-trifluoru- rt.hf\nf>~rnvimf'lrjr. Com llUh1ioll-Iufral"ell mdhod." KJddBhl nltrnt!I'11 minus l7u,l.';1) ammonia nil,roJ:.~n. M~Ulual or nut,otJtalrd o..<iror- hie Acid rClluction. 0... chromatogmphy ,,_.__.... 1411 ... __ .. 9'.). Alp'm-Tol.al, pCI p.r Jilu. Proporl.ional or "dntillntio" counter. 100, Alphn--C("lIItJnll error, pCi ...._tlo_.____..___...._..._.._...... rmr lIt..r. ]01. Detn-Totnl, pCi por Iller ._.. Proportionnl collnter __..._n___h.____ J02. Dctn-COII"tillg error, pCi per .... _tl....u_ ..n_h. _..uu...._._.. _ .-- lit..r. 103. (a) Rndhlln-Totnl, pCI p.r .._._do_..........__.,.....___._n_____. liIer. (h) t" H.., pCI Imr 1Iter__u..__ Seinlillation collnler... ....._hh._____ n.";!'{IDl'E 104. Tolal. milli~roms IlOr lIle.1 00__ 105. Total di..""lved ((lIterablc), milligra'"s Iter lilor. 1I1l1. Totnl ""spe,"jetl ("onlilter. nhk) milliRm",s pe.1 Iiler. 107. BcttlN,I'h', nlllliliters per litcr or milliJl'rRl1ls prr lilt!f. 1(Jl. Tolal volnt ifo, milligrams per Iit..r. 100. 8pcMlle condner.l\nrAl, miorn- lohos prf (:(ll1timr.tcf o.t 2!')" I' I If). 8111i:,lo (", flll,), mllll~Cl""" pflr lit I". 111. Hullidtl (IL~ ~)t 1I1i111~f1UII~ PC'" IiI..., 1J2. RuHitl~ (n." 6(1), lIIilli"rall1~ llf~f Ilt.l"r. 113. SIIfI'CtnnL.. ,"llligron,. per liter. 114. TCnllM'rnhu,', d('~r~e.' C....___ IU,. Turbidity. NTU__.___._____._ )'I!tSuUntn di~t'~,Jfln r,,}.- lowrd by mnmml or Ruto- mated nscorbie nclcl re,'ue. lion. Hr.lvimelrie. W31.0 lo.~o C.._ Wass fiber liltl'3lion, lROo c. Gill.... IIbcr filtrnlion, 103 to 1050 C. Volumetric or gmvirnetrle...__ Uravimctrlc, 5!iQ" C~.._.__...._ Wh....'"l.onc hrl"~~ eonclne- tilllctry. f: raY ill"!' rit': 11lrbi.lj ,.u~'ril~; or IUllotlmll.,1 "OIUrllllf'lrit: tlmrillln t:hIOlI\IIilalu). 'ritrifll"t.rlr. - lodln,~ lor IlIv. ,'I:t ~'l':'\ft'r 1.111111 I 1I1~ Jll'f _.. lilr.r; Mdhylf""'! hln~ pho.. ""metnr. Tll.rim~'rir.. iorlilll"-iof1l\t.(! _ 4. Colorilllotric (Ml':thylrmn hluo.). CBlihrRI,f"'1I f!1u.'\.<:! or f't~ctro- metric t.hr.rmoOlI't.f'.r. Ncph~lnmdrjC'_. __A .___.__ Itdf':l'f.Ilf'f'~ 141h I\fl. (pnr:r. nfl~.) IItlU"lnr.I-. "'r.thods 1'1. .11 IIHUH IH7!, nlt'1 hod.. J AIlTM Uti"" npllrnVf\tl IlH1Lhmla l.'iO ... " (M)_________.__ 1M '^2...____ 200 441 ;, (6ii:::::::::::: 14~ 345 :"'00 .......____ 15'J 1(810)"(37) 201 "17 <'" 42.1 __ __. ..... __.. . .. .. . .. .. . . . . 4:/7 arlll OW __._......._____........ IW l\eI4) "(211) 21~ 434 121 .........__. 2~~ 51!) :/3.j 532 487 ., (,1) ... .. .. __ _.. 122 1 (612,814) 240 2.~6 437.__..__. 4~ I 384 624 .________ 1 <em 131 5.""'" 629 ., (24)_______._._. 574.u___....___.._._____ 2-11 662 24~ 26Il 476,4RI 384 133 . (621) 624 ................ u u."'. ___., 04H 5!J1''''17S+.H)._.___...._. 018 II (in)._.___ uh_. ~O.I fJ48 6l1l1l2l(7H' 7M) __n ....._.. M~ 008 II (7~) .u______m 0lI1 0lI1 ___..._..._n_._._____ Cl67 II (HI) __ __.~ no._ 270 261\ nl ._hu____ .._.h____n_____._. 92 ___.__ '_00_' .__.... n.__un.__ 94 ......__.._.__.____..__ "(B7l 268 95 ____.._______._._..__.....____ 272 9S __h.___._..______._.h_._____ 27r. 71 120 148 ) ('lOll) 4'13 42" 1 ~'\~4l 4fMi -42.'". 1 1l:t.1 Ml". If,,, .--. ..--- I>I~I -- r.n.'i .,3:) --.-- ......- 1\00 4n.1 " (II) __ ____ __.___ )2.~ " (31)..___.00..__ 132 223 1M -- ---~--..-.. '1.77 :l7n 2Kt 2H.~ 1[)7 2l'lI 2'J5 I Rr.emnnh::rula.Uol1~ for MJlIpHI1J{ :\J1fl prf'~I'rvnht)H or 1'V\1I1,)lr~ l)Cf'AlI'IU",<< tfl parnmf't.f\' U11'.'\.<;urrtl mAY he (ound in "Method!'l ror Chmnirnl Analysi~ or Walt"~ :11),1 Wa:-;t"~t PJi.&' , U,~. ":lIvironm.~"tal pfl')lectinn Agoncy, tablCl 2, PP. ~lIi-lil. . H-6 8-28.78 (Sec. 136.5 (Table III Puhlish",1 hy 1'111: 11lIIU:/\1I OF NA'!IONi\I..AITi\IRS, INC.. WASIIINC'!ON, lJC ~1)1I37 45 I 71:2406 I I I I I I I I I I I I I I I I I I CONSTnUCTION GnANTS MANUAL \ 11 Il,tt-" ,d,"" IIII'. Ill,' Ilt~.:H nll'll..lIt.:, tlltl,,'j; ,.l h"1 \\ I . 11111111, 1\11' In IIrll\\'ll. f.", ;:l..tlIW-ll'ld. 1\1, \\' :tltd ,. I .1- 111.111, 1\1. .t" "~ll'lhwl...; 'Uf' t :olh-dill!t I\IId ^ 11l,IY'li:lllr \\1\1, r; llllpkl r"r I )j'.'.!llvl'd :'tlllu'lal:. ;\11114 h:p I." l'.~. l :,.,.:",'. (';11 <III VI'Y 'I"'l'lllli'tlll':: IIr W:\II'f.1ll\'lnlll'4'''''' 111\'" hunk .'i, c'l1 ^ I, (I'TiO). FI'.\ "lllllp,uahl" lllf'lhllflllla~')ln (11tlllll 011 illl1l4':ll,'rt p\':! III "I.,lll'l:,j ~11'lhrlll:' IIr .\II:.h.l; IIf i:ll \ "t"wltll""! Illlll'pl ,\I\:l!\'li"al C'ht'lllL-;ls"Il11.lhnth 11ll\l1Iml, l~lh ,"I. (I~)":d. , \lilllll:.1 1\1::1111'1111111 1:: tllIl ,....qllln,,1 II l'fI'lll'llrahHil \' II:LL\ "" 11'\,11':'1'111 III i,'I' dllll"lll ,~I:lIl1l'l, :\1,' "11 td'l\I'"lI', 'II, 11I:,1111\\ llul 11t\,. P'I'IIII1I1I'\I.V dl:;llIb\l Inll ~'lt.l' h llulll"II'" ;Il\': 111I\\1" ,'1. 1I1;\lIlIal '" :1111:11101\ \\ 11' 1'"'1''11111''' I.." ..1\. :111 \ ("Illl II 0\ ,'r~:il'~', 'I'lli' 111,'lh4ld 1l.'~1'" IlllI~1 ",.:,.,.\.,111',1 Till' t,IIl'H' !\ll'N i"i 11""11. : ~ lac}.;, I~. \'. alld 0/ 1,..1"...... jO:\1j,t.l1lld,~ {Ol' ( '011,...111111 0111,1 .\ lIal)' I.'" uf ,\, pial ii' H ill I, .1' 1t'.11 and :\I!ln.I.."II.I' 11'.11 ;:.111'1,1,. "..~. (;"lllfll!il'al ;--;UI ""Y 'I'..dllll'l!:' 0.; or \\~l.'r I{I'~:ol!n:":-> 1111.... hnlll~ [', th, A:l (1!J;:n." ~ .....:jl1('I' I hI' 1111'111111:"'1' lillN 11'1'111\;'1\11\ lhll"II~' yi,'Jd.'" IIIW l\ll'l \'111 ;ahl/' n'{'f)VI'1 y fl'OI11 chl'l' jn:,',d \\ ;1"1."\' "I'r.:, l '" '-II'1\," 1111.1 lI'ld wiH lit' p''1"il'l'd III fl',<.;(II\.... '\IlY tU1I1 rn\.,'r-.:i!-,,,:. ~ .\,kql1:\ld.\ 1I'''1<'d 11I1'Ihulls for h"1I7.;dilll~ :\14' II,,! uv;~ilablt-, l'ldil :~JlPt'o\'t'd 111,':l1ods ;1n'" :1.\';Lil:)I.'''~. HlI' f',Jlm\!lI\.: i III ,.' illl 1111'1 h"d f'nll III' lI~,'d fnr I I,,, r$ltlll:\l inn of h"1l7idi Ill': (I) .. .\10-1 illld for H"1I1j.!ill1' al1l1 lIs ~:1I1:... III \\ :I~II"\\ :\1/'1'-':," ;1\":dl:d'!" fmlll VIl\'irflllllll'ld.\1 Motl/lllltlll! ~"ld <";lllll"lrl. Lah,~ratol"\', t..,:--;. Ellvirnllt!l('l'tt,all'roI4"'lioll t\.L'OIII'y,I'in. 4';IIIl:11i. Oldl) 1.-"2li.... I" .\ltwrit'all ~;\li,,"al :q IlId\T,I":1 J'I'lIln~~I":'1,hil' l'III(,,'.'.il'J.: 1:/1111"11"" \,'r~. 1"~~. .\\:1I1.1Idl' fl"11I ,\ --..:...." I UO H'";lII":H'. ~I'\\' York, N, y, IHm.... II r:;'~hll\:a:I. ~l. ,I :tlld ':,IHI'II, 1':1ll,':"1I4'. ":--"1.,, 1,.,I\I,.lllflll~ ,.f II... , .".: I ;"r'l,,"i.~d ~-:11I \ I'~ rOf ,\I::\I,'"I.,..r \\ .,~l,' \\:11<-1....... (l'l;li) "1"'11.111,' It'Pllfl {Ii J77, I.' "1'111'1'11111"1" fllr f1"llllU'hlo"lph""lll. dllnllln'l,,1 jl,~:"ltj" ("0'"I""111d: .:1'111111' Ill"i""'; (,Ill h'."II~:II'lI" {"Illl 1111' Ftl , 111111'1I1'ul :11 :\IlIlli'ltrill~ all,l ~"l'l'orl LIII\lIr;\III1,\', 1 ,:--:. 1< Il \' irollI111'ul:ll "II)II'I"! 1'111 .\l"'llt.\,. I '1Ill'IIII1:III. I 'hili l-,'~I..... I: ~ 'Illnr II,,'llIml I J\ 1)7\11 ,.ro",'dl1rd a\'allnt.k fr1J1I1 1-:11\ :flllllllt'III::1 ;\r"lIillJrlll~ alld ,";II~'l'lJrl J,1o;arl,;l!llf y. t' ,=-, F 11\ il ClIlIIlI'lltal l'rlllt.t;1 illll '\L~"III'\'. ( 'j IIf.illllHI i, (>>hi'l 1,-,'~,jl.(. 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I Ill' (jr:>\t :,n In IOU ntl I prill,,!' 1.11" fill,'r ll:l:.;k. (I ;J:l:-:~ III pl.r~l i.. JiIII'1 illl' ;1 PI Iflllllu,: '1 t I' 1"-' 11111IIJl 1Id,d III :Iv,.;d JlII:,,<.:ilill' f'1l111:\1l1iflatiflll,) J>i"I'ard lh(' porlion tL~I'd lo rill~(' th~ fl:ls).; :lIId f'olkd Ihl" ""1\1111' It \1111101'" ." Itlll';11.... AI'it1Hr I hr filtrate"' wil II t: f Tf'di~1 ilk'l 1 INO;\ fo :l pll of ~, Norlll:ll1r. :\ Illl t,f (1: I) :wid ''1'r IiI ,'r"b''ldd I... :""l1liit-i"III. I n 'li1'l'~"I'\'f" 1.11(' .q:\Il\pt",:;. I~ ~,.l' IIAlolI\k ;\hsorpl Inn N('\\oslt.jt,'r," \111. t;t 7:i (t!lj1), .\' .lil:11 ,It. fl (Ill} l"'l'kil\4}':1111"l" ('1I1P,. i'llllif: .\ \ I:. '-'01 '.\ ;)1\. ('''"11. ()i;,Io.{'I-.!. I ;\11'lltnrl a\'aiI:\HI~ frlll!1 F.1I\iro'IT'!f'lIfI11 Mllltilnrin',,: :11\,1 ~lI"p()rl L:lhnrnl('n', F,:::;, ElI\'irllllTlll"":.i .J'I"I,. I:"!i '\~Pl\f'\. ('illl"jnn:lli. (.hi"l:,~f..~ ' H: 1''''';IIII'IIIIt." flll.fhuds rllr n." 'l'lal~~i, of ~'jlv,'r ill i"dl1~lrinl \\';\~fl'\\:ltl'r::; at f'"I\I"'I\ll;\li,~".. "f I lilt: I ~\lld ;11,,1\'" ;1.1" illadl"I'I:lII' nh('r., ..,ilvl'f f.xi'~I',:1'O :\11 illOrl!:LI1;I' hnlidt'. ~jl\'l'r ":~lidf'S sllell as Ih~. 1'l'lIIllid,. :1111\ 1111"1",,11' '1\" l'l'ia1l\-,'l\. j"<:1I11111\1- ill r(':\f'''''I''~ ~11('h n, l1ilrit, ad(1 "lit :lrt' I'(,:ldil~' ~ntHIII.. in 1111 :\qW'III1S hlllf,'r .,f ~udilllll ll1i.., ~1111:111' :11ld ~ndlllll1 hy'lrll'tjdp Ill:, (111 lIf I'.!. '1'110.1('[01'.... f'\r Il'v,'l~ fit sil\",'r ah/lvI~ 1m!!'1 20 "'1 of ,;:UII1111' "boll!d Ill' "illIl. ,11:, Inf) 1111 h,. :\ddi'll! H't lid 1,::.-11 /If:.:\f ~:1.,~"fh nlld :1\1 N';\(111. Sl:tlld:lld" shh1l1d Ill' prql.\I' d III II!., '1'1'" III:tlIIlI'L For h,\,,'I~ (,C ~i1\""1' '-"l/I\\' I IIn:1llh(' 11('OIT'IlII'!l,J,'d 1111'1 hod i'. s,!'i"f:H'I"r\'. .1 .\11 :\11111111:11.,.,1 h~ dr:l'l.illo\ H',hlt'liilll 11I,.lhlld I" ll\"nilahh' (l~lITl llll~ 1':II\-jrllllllll'Hl:ll "Iflflihl inc .Llld :-'IIPflll" l..II'"I:lI'll"\'. .".~. ,.:It\.l1l1l1f11"Il'~~II'n"l'lllnlll\I:('111't'. ('ilU'illllall. lilli" I",'~li'\. ~! .\ IlIllI11'l'r lit ,<':IH:h S~"~II'IlIS T111111lfat'ltlrl'd 1.\, \":Il'iOIl... Illll1patl!1'" :111' tl)ll<..:id"'I.d II) 11f' ('U'I1!lnr:..,I,. \:1 1111:1' ",,., 1".,11:\11..... III :1d("'IOII. 11l1othl'r ll'I'!llliqu,', \,;\,",." on 1't11111.ll"liOli-IlI(>th:alh' :!I.l('dioll is ObI. ;\('1,.."1:,1,:,,. ~; (;(fI'r!II 7. t '.. 1111I\\'11, Jo:.. 'CMI.I hlld:-: (Ill A 111\1\ ~j~ nf I )r~'flllil' :O:U!.....l :1111"'" ill \\':11 ('r": t r.~, (;,.,,:t;:!i, '.1 ;-':'Ir\"'~' '1'..(11, \.1'1ll":' IIC Wa', r. 1("""I!1'l'I'S IIIV.. h..ok ;'. {:It. A:\ (tI7:.!). l H. F, Addi-;III1I\lul 1(. f:. ^,'kll':UI, "I'irf'('! 1),d,f'nnil1a'inllllf Ell-ll~r'll::lll'fllJ~:l'hflrl1~ T,." ,:;\: Li'lll.d (':'f' .Il,\' II)~r.1pIIY," ".Ioul"lI:1I,,1 ('hrnlJlull1l:raph~'," \.O!. H. ~n. ~l, PI', l'2t I:.!fi. PliO.' ". 'I'll.. 1,,"'"od rOllltd 011 f', 7:i 1Jl1'~;:lITe"'~ (1111~' I!l(" di-':~ol\.r" 1"lrlioll '.rllIll' till' 11Il:lh..,JI1I1 p. ik 1:.'.'\..lIf.... fl'.!.: .11'" ('pHd,"1. 'l'lu.rdtln', Ilu"~ n.....I1I1... nl11~1. hI' ulllll.d !fI~f'I"('r In olJlnill "fo/a!." . '~l\'\ ,'n...., II, J 1.. 1';,.1,:1'. .I. ..... ;11111 :-1"'001. f:. F '. "\\'al"r T"llIlI"I all1l"1' 1'1f11'1'111 j:~l radII!".';, Fi,"'1 '\1,.1 "", ;"1'111 :"I"tJ 11;\':II...I'....I.'II:\lil'lI: t.,s. t:ll}l'll~i('~d~Il'\'nrT,:('hl1iqll1...(lfWal,1 J(, -llllltl", 111\' I,"nk t tl"i;,'." ""Standard Melhods lor lhe ExamInation 01 Waler and Waslewaler, !3lh Edition. f 1971\ " [41 foR 52780, December I, 19761 U-7 Sewage Treatment ConstruC'lion Grants Manual [Sec. 136.5 (Table I) J 46 I I I I I I I I I I I I I I I I I I I APPENDIX I EXAMPLE INITIAL lBO-DAY FACILITY REPORT 1-1 I I I I I I I I I I I I I I I I I I I 1. INDUSTRIAL USER PRETREATMENT PRCGRAM (40 CFR 403) Initial lBO-Day Facility Report ( 403.12 (b) ) COMPANY NAME: COMP.ANY MAILING ADDRESS: 2. APPLICABLE CATEGORICAL STANDARDS: INDIVIDUAL PROCESS DESCRIPTION 1. 2. 3. WASTEWATER FLOWS: (GALLONS/DAY) DISCHARGE AVG. MAX. SI C PROCESS 1. 2. 3. NATURE AND CONCEN"""ffin:ONOFPOLLUTANTS: (Concentration Note: attach additional sheets if needed 3. 4. s. SIC PROCESS NO. SIC PROCESS NO. SIC mDE AVERAGE PRODUCTION M2; DAY COOLING WATER AVG. MAX. . SAN! TARY AVG. MAX. TOTAL PLANT AVG. MAX. in mg/1) Monitored Pollutant Max. f or one day (mR/l) Standard Actual Equiv. Concen. I Monitored Pollutant Max. for any one day (mg/l) Standard Actual Equiv. Concen. 6. CERTIFIED STATEMENT: Pretreatment standards for this company (item 1 above) are 0 are not 0 being met on a consistent basis. Additional operation and maintenance (0 & M) required to insure compliance is as follows: Additional pretreatment required to meet standards is as follows: I have personally examined and am familiar with the information submitted in this document and attachments. Based upon my inquiry of those individuals immediately responsible for obtaining th~ ir.fo~ation reported herein, I believe that the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. Signature of Authorized Representative (Date) Signature of Qualified Professional (Date) 7. ESTIMATED SCHEDULE OF mME'LI&'tCE (ATTACH ON EXTRA SHEET) (See June 26, 1978 Federal Register Sec. 403.12 (b) (7) & (c) ) I I I APPENDIX J I ORGANIZATIONAL CHART I I I I I I I I I I I I I I J-l I I I I I I I I I I I I I I I I I I I I SALINA PRETREATMENT PROGRAM ORGANIZATIONAL CHART MAYOR AND CITY COMMISSION ~, CITY - DIRECTOR OF .. CLERICAL ATTORNEY .... PUBLI C UTI LI TI ES --.. STAFF ~ . SEWAGE SYSTEM . SUPERINTENDENT 1. ~ CITY LAB WASTEWATER TECHNICIAN SUPERVISOR ~ 1. CONTRACTED PLANT LABORATORY OPERATORS (IF NEEDED) J-2 I I I I I I I I I I ,I I I I I I I I I APPENDIX K FINANCIAL REQUIREMENTS AND MANPOWER ESTIMATES K-l I I I I I I I I I I I I I I I I I I I TABLE K-1 ESTIMATED FINANCIAL REQUIREMENTS Year = 1984 Administrative Responsibilities (1984) 1. Review pretreatment regulations 2. Review pretreatment program report and other related information, ordinance, etc. 3. Review application for sewer connection, new questionnaires 4. Notify affected users of pretreatment program reporting requirements (16 x 1 hr.) (Using standard letter) 5. Issue wastewater discharge permits (Select parameters to be monitored, etc.) 6. Inform users not in compliance of con- struction and compliance schedule requirements with written notification 7. Review construction progress reports submitted by users not in compliance (16 x 1 hr.) 8. Approve plans and specifications of user's pretreatment facilities or other modifications 9. Inspect completed monitoring facilities 10. Review self-monitoring reports (6 x 3 hr.) 11. Review accidental discharge notification report 12. Review 180-day facility reports (6 x 1 hr.) 13. Public notice of violators TOTAL K-2 Assume 13 Permitted Users Total Cost to flMan-hours/yr. Cost/hr. City/yr. 32 hours $18.00 $ 576.00 40 hours 18.00 720.00 16 hours/user 18.00 288.00 16 hours 18.00 288.00 32 hours 18.00 576.00 32 hours/user 18.00 576.00 24 hours/user 18.00 432.00 40 hours/user 18.00 720.00 8 hours/user 18.00 144.00 18 hours 18.00 324.00 8 hours/user 18.00 144.00 6 hours/user 18.00 108.00 8 hours/user 18.00 144.00 276 hours $5,040.00 I I I I I I I I I I I I I I I I I I I Year = 1984 Clerical Responsibilities #Man-hours/yr. 1. Notify affected users of pretreatment program reporting requirements (6 x 2 hrs.) (Typing and mailing standard letter) 12 hours 2. Process wastewater discharge permit to qualifying users (6 x 3 hrs.) (Type and mail) 18 hours 3. Process application for sewer connection submitted by new users 16 hours/user 4. Review wastewater discharge permits submitted by existing users (6 x 3 hrs.) 18 hours 5. Process progress reports submitted by users not in compliance (Filing) 8 hours/user 6. Process 180-day facility reports (6 x 2 hrs.) (Filing) 12 hours 7. Process self-monitoring reports (2/yr. x 16 hrs. x 2 hrs. each) 64 hours 8. General filing and record keeping duties (6 x 10 hrs./user) 60 hours 9. Public notice of major violators (Typing and mailing) 16 hours TOTAL 224 hours K-3 Total Cost/hr. Cost/yr. $6.00 $ 72.00 6.00 108.00 6.00 96.00 6.00 108.00 6.00 48.00 6.00 72.00 6.00 384.00 6.00 360.00 6.00 96.00 $1,344.00 I I I I I I I I I I I I I I I I I I I Year = 1984 Legal Authority #Man-hours/yr. 1. Review pretreatment program and pre- treatment Ordinance 40 hours 2. Assist in setting up permit system to enforce the pretreatment program and Ordinance requirements 32 hours 3. Initiate actions for appropriate legal and/or equitable relief for violators of the pretreatment ordinance 16 hours/user 4. Require compliance schedules from users found not to be in compliance (Contact by letter) 8 hours/user 5. Require submission of all notices and other reports necessary to ensure compliance by all users (Contact by letter) 8 hours/user 6. Assist City in obtaining adequate legal authority for monitoring require- ments (Right of entry, submission of reports) 16 hours/user Total Cost/hr. Cost/yr. 18.00 $720.00 18.00 576.00 18.00 288.00 18.00 144.00 18.00 144.00 18.00 288.00 TOTAL 120 hours $2,160.00 K-4 I I I I I I I I I I I I I I I I I I I Year = 1984 Field Crews 1. Conduct sampling surveillance program (8 hrs/user x 6 users) 2. Investigate users not in compliance by physical inspection or appropriate means 3. Test and analyze samples (7 users x 6 hrs) TOTAL *Contingent on Existing Monitoring Program K-S Total flMan-hours/yr. Cost/hr. Cost/yr. 48 hours/user* $8.00 $ 384.00 8 hours/user 8.00 64.00 42 hours 8.00 336.00 98 hours $ 784.00 I I I I I I I I I I I I I I I I I I I I TABLE K-2 SUMMARY OF ESTIMATED FINANCIAL REQUIREMENTS Total 11 Hours Cost/yr. Administrative 276 $5,040 Clerical 224 $1,344 Legal Authority 120 $2,160 Field Crew 98 $ 784 TOTAL 718 $9,328 * 1 Full-time employee = 8 hours/day x 5 days/week x 48 weeks/year 1,920 hours/year K-6 I I I I I I I I I I II I I I I I I I I I TABLE K-3 LABORATORY TESTING COSTS OF TOXIC POLLUTANTS DISCHARGED BY INDUSTRIES SUBJECT TO CATEGORICAL PRETREATMENT STANDARDS No laboratory testing will be required until after the date of final compliance for each specific industrial subcategory. Industry Name 1. Beech Aircraft Corp. Pollutant Discharged* Chlorinated Ethanes Chlorinated Phenols Chromium**** Halomethanes Phenols Toluene Cyanide~~ (Amendable to Chlorination) Lead**** Cadmium***"( SUBTOTAL 2. General Battery Corp. Lead*?\" Iron SUBTOTAL 3. Exline, Inc. Chromium SUBTOTAL 4. North American Philips (Westinghouse Antimony Electric Co.) Cadmium Copper Lead Mercury Phenols Silver Zinc SUBTOTAL Total Cost of Freq. Estimated Ana 1 ys is*"""* Per Year Charge $230.00 2 $460.00 210.00 2 420.00 14.50 2 29.00 75.00 2 150.00 35.00 2 70.00 Included Above 2 ------ 35.00 2 70.00 15.50 2 31.00 14.50 2 29.00 $ 1,259.00 15.50 15.00 2 2 31.00 30.00 $61. 00 14.50 2 29.00 $29.00 26.00 2 52.00 14.50 2 29.00 14.50 2 29.00 15.50 2 31. 00 22.00 2 44.00 35.00 2 70.00 15.00 2 30.00 14.50 2 29.00 $314.00 K-7 I I t I Cost of Analysismh'<' Freq. Per Year Industry Name Pollutant Discharged* 5. Wyatt Foundry Iron 15.00 2 SUBTOTAL TOTAL I I I I I *Source: Industrial Waste Questionnaire **Presently monitored and tested by City of Salina (KOR&E certified as of July 1, 1981) irl.ri~Cost estimated to January 1984 ****Source electroplating standards (January 28, 1981) List is subject to change once all the categorical pretreatment standards are promulgated I I I I I I I I I I K-8 Total Estimated Charge 30.00 $30.00 $1,693.00 I I I I I I I I I I I I I ,I 1 I I I I APPENDIX L 40 CFR PART 403 GENERAL PRETREATMENT REGULATIONS FOR EXISTING AND N~! SOURCES OF POLLUTION AS PUBLISHED JANUARY 28, 1981 L-1 I I I I I I I I I I I I I I I I I I I Federal Register I VoL 46. No. 18 / V','.~Jnesday, January 28. 1981 / Rules and Regulations 9439 the date of issuance of the June Z6. 1978 regulations. Douglas M. Castle. Aamir.istrr::tor. January 13. 198'1. oW CFR Put 403 is revised to read as foJows: PART 403--GENE?AL. PRETREATMENT REGULA nONS FOR EXISTlNG AND NEW SOURCES OF POLLlJT10N- ~ 403.1 Purpose and appUca.billty. 403.2" Objective of general pratreatment ~atioa-. 403.3 DefinitiOI'1S. 403.4 Siate or local law. 403..5 National pntreatment standards: prohibited dischuges. 403.8 National pntreatmmt sundads: _ catesoricaJ standards. 403.1 Rewiou of categorical pretreatment standards to reflect POTW removal of poUutants. 403.8 POTW pretreatment programs: development by POT\V. 403.9 POTW pretreatment programs and/or authorization to revisC! pretreatment - standards: submi..ion Cor approval 403.10 Development and submission of NPDES State pretreatment programs. 403.11 Approval procedures iDr POT'N programs and rnisions of categorical pretreatment standards. 403.12 Reporting requirements for POT'N's and industrial uaers. 403.13 Variances from categorical pretreatment standards for fundamentally different factors. 403.14 Confidentiality. 403.115 Net/Cross calculation. 403;18 Upset provision. Appendix A-PRM 75-34. Appendix B-as Toxic poUutants. Appendix C-34 Industrial categories. Appendix D-Selected industrial subcategories exempted from r~ted punuant to paragraph 8 of the NRDC v. Costie ClJn.sent decree. Authorityt.Section 54(c){Zl oC the Clean Water Act oC 1977 [Pub. I.. 95-Z17l. n 204(bl(ll(C). 2C8(b](Z)(Q(ili). 3Ol(b)(ll(A)(ii). 301(b)(2)(A)(ii). 301(bl(2)(C). 301.(h)(51. 301(0(2). 304{el. 304(g}. 301. 308. 309. 402(bl..ws. and 501(a) o(t/t1! Federal Water Pollution Contrcl .~t (Pub. I.. 92-500). as amended by the Clean Water Act of 1977. ! 403.1 P\.u1:lCse and applicability. (al This part implements sections Z04{b )(1)(C), 108(b)(Z)(C)(ili). 301(b)(1)(A)(ii), 301(b)(2)(AJ(li). 301(h)(5) and 301(t)(2). 304 (2) and (8). 307. 3C8. 309. 402(bl. 405. and 301(a) of the Federal Water-Pollution Cuctrol Act as amended by the Clean Water Act of 1977 (Pub. 1.. 95-217) or "The Act:' It establis~es responsibilities or Federal. State. and local goverr.ment. industry and the public to implement :-.lational Pretreatment Standards to control pollutants which pass throllgh or interfere with treatment processes in Publicly Owned Treatment Works (POTWs) or which :nay contaminate sewa;;e SLudge. (b) This regulation applies: (1) to poUutants crem non-domestic sources covered by Pretreatment Standards which are indirectly discharged into or transported by truck or rail or otherwise introduced into POTWs all cefined below in i.403.3; (2) to POTWs which receive wastewater from sources subiect to National Pretreatment Standards; (3) to States which have or ue applying for National Pollutant Discharge Elimination System (NPDES) programs approved in accordance with section 402 of the Act: and (4J to any new or existing source subject to Pretreatment Standa.~. National Pretreatment Standuth do not apply to SOl,lI'Ct!s which Discharge to a sewer which is not connected to a POTVV Treatment Plant. ! 403.2 Objectlve. of generaf p"trutment regulations. By establishing the responsibilities of government and industry to implement National Pretreatment Standards this regulation fulfills three objectives: (aj to prevent the introduction of pollutants into POTW, which will interfere with the operation of a POTW. including interference with its use or disposal of municipal 3ludge: (oj to prevent the introduction of pollutants into POTWs which will pass through the treatment works or other-Mse be incompatible with such works: and lG} to improve opportu.cities to recycle and reclaim municipal and industrial wastewaters and slu~es. ! 403.3. Oeflnlttons. For the purpose of tIDe regulatio~ (a] Except as discussed below. the general den.'litions. abbreviations. and methods of analysis set forth in oW CPR Part 401" shall apply to this regulaticn. (b] The term "Act" means Federal Water Pollution Centrol Act. also known as the Clean Water Act. as amended. 33 U,S.c. 1251. et seq. (cJ The tet'!U "Approval Authority" means the Director in an ~'PDES State with an approved State pretreatment program and the appropria te Regional Administrator in a non-NPDES State or NPDES State without an approved State pretreatment program. (d) The term "Approved POTW Pretreatment Prollram" or "ProSlI'am" or "POTW Pretreaunent Program'; means a program administered by a POTW that meet.i the c.."iteria established in this reg'.llation (H 403.3 and 403.9) and which nas bet!n approved by a Regional Administrator or State Director in L-2 accordance with! 403.11 of this regulation. (e) The term "Director" means the chie: administr:J.live officer of a State or Interstate water pollution control agency with an NFDES permit lJrogram approved pursuant to section 4Q2(b) of the Act and an c.Ptlroved State pretreatment pro~am. (fJ The term "'&.forcement Division Director" means one of the Directors of the Enforcement Divisions within the Regional offices of the Environmental Protection Agency or this penon's delegated representative. (g} The term "Indirect Discharge" or "Discharge" means the introduction of pollutants into"a ~OTW from any non- domestic source regulated under section 307(bl. (c) or (d) of the Act. (h) The term "Industrial User" or "User" means a source of Indirect Disdiarge. (i) The term "Interference" means an. inhibition or disruption of the POny, it" tr~atment processes or operations. or its sludge processes. use or disposal which is a cause of or significantly contributes to either a violation of any requirement of the POnv's-NPDES permit (including an increase in the magnitude or duration of a violation) or-to the prevention of sewage sludge use or disposal by the POTVV in accordance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act. the Solid Waste Disposal Act (SWDA) (including title II more commonly referred to as the Resource Conservation and Recovery Act (RCRA) and including State regulations contained ill any Slate sludge management plan prepared pursuant to Subtitle D of the S'WDA). the C1ean Air Act. and the Toxic Substances Control Act. All Industrial User significantly contributes to such a oermit violation or prevention of sludge use or disposal in accordance with above~ted authoriti~ whenever such User: (1) Discharges a doiily pollutant loading in excess of that allowed by contract with the POTW or by Federal. State or local law; (Z) Discha.-ges wastewater which subStantially differs in nature or conli-tit'.lents from the User's average Disr.narge: or (3) Knows or has reason to know that its Discharge. alone or in conjunction with Discharges frem other sources. would result U: a POTW permit violation or prevent sewage sludge use or disposal in accordance with the above-cited aUL'1oMties as they apply to :he POTW's selected method..of sludge management. I I I I I I I I I I I I I I I I I I I 9440 Federal Register I VoL 46. No. 18 I Wednesday. January 28. 1981 I Rules and Regulations UlThe term "National Pretreatment Standard." "Pretreatment Standard." or "Standard" means-any regulation con mining pollutant discharge limits promulgated by the EPA in accordance with section 307 (b) and (c) of the Act. which applie! to Industrial Users. This term includes prohibitive discharge limits establlshed pursuant to , 403.3. (k) The term '~New Source" means any building, structure. facility. or inatallation from which there is or may be a Dtscharge~ the construction of which, commenced: (1) Alter promulgation of Pretreatment Standards under section 307{ c) of the Ac~ which are applicable to such source: or -(2) Alter proposal of Pretreatment Standar:h in accordance with section W(c) of the Act which are,applicable to such source. but only if the Standards ant,promulgated in aCl:ordance with_ sectiou 307{c) within'120 days of their' proposal. (1) The terms,"NPDES Permit" or "Permit" means a permit isS'.led to a POTW pursuant to section 402 of the Act. (m) The term "NPDESState" means a State (as defined in 40 CFR , 122.3) or Interstate water pollution control agency with ~ NPDES permit program approved pursuant to section402{b) of the Act (n) Thetmn "Pass Thraugh'" means the Discharge of pollutants through the PO.JW into navigable waters in' quantities or concentrations which are a cause of or significahtly contribute to a violation of any requirement of the POTW's NPDES permit (including an increase in'the magnitude or duration of , a violation). An Industrial User significantly contributes, to such permit "iolation where it: (1) Discharges a daily pollutant llJadlng in excess of that allowed by contract with the POTW or by Federal. State. or local law; (2) D1scharges'wastewater which, substantially differs in nature and constituents from the User's average Discharge; '. (3} Knows or has reason to know that Its Discharge. alone or in conjunction with Discharges from other sources. would result in a permit violation: 01' (4) Knows or has reason to know that the POTW is. for any reason. violating its final effiuent limitations in its permit and that such Industrial User's Discharge either alone or in conjunction with Discharges from other sources. increases the magnitude or duration of the POTW's violations. (0) The term "Publicly Owned Treatment Works" or "POTW" means a treatment works as defined by section 212 of the Act. which is owned by a State or municipality (as de:ined by section 502(4) of the Act). This definition includes any devices and systems used in the storage. treatment. recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers. pipes and other conveyances only if they convey wastewater to a POTW Treatment Plant. The term also means the municipality as defined in section 502{4) of the Act. which hu jurisdiction over' the Ipdirect Discharges to and the. discliarges from such a treatment works. (P) The term "PQTW Treatment Plant" means that portion ot the- POTW which is designed to provide treatment (includlngrecycling and reclamation) of municipal sewage and industrinl waste. (q) The term "Pretrea!ment" means the reduction.of the amount of pollutants. the elimination of pollutants. or the. alteration of the nature of pollutant properties in wastewater prior to or in lieu of disch.argl.'1g or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by phYSical. chemical or biological precesses. process changes or' brother means. except as prohibited by , 403.6(d). Appropriate pretreatment technology includes control equipment. such as equali:ation tanks or facilities. for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTN. However. where wastewater from a regulated process is mixed in an- equalization facility with unregulated wastewater or with wastewater from another regulated process. the erouent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with! 403.6(e). (r) The term "Pretreatment Requirements" means any substantive or procedural,requirement related to Pretreatment. other than a National Pretreatment Standard. imposed on an , Industrial User. (s) The term "R~onal Administrator" means the appropriate EPA Regional ~dministrator. (t) The term "Submission" means: (1) a request by a POTW for approval of a Pretreatment Program to the EP A or a Director: (2) a request by a POTW to:the EPA ora Director for-authority to revise the discharge limits in categorical Pretreatment Standards to reflect POT\V pollutant removals: or (3) a request to the EPA by an NPDES State for approval of its State pretreatment program. ~ 403.4 State or local law. Nothing in this regulation IS intended to affect any Pretreatment - Requirements. including any ,standards L-3 or prohibitions. established by State or local law as long as the State or local requirements are not less stringent than any set forth in National Pretreatment Standards. or any other requirements or prohibitions established under the Act or this regulation. States with an,~'PDES permit program approved in accordance with section 402 (b} and (c) of the Act. or States requesting NPDES programs. a~ responsible for developing a State pretreatment program in accordance with' 403.10 of this regulation. f 403.5 National prwtrutment atandwda: prohibfted dlacNlrg... (a) General prohibitions, Pollutants introduced into POTW's bv an nen- domestic source shall not Pass- Through the PGr'N or Interfere with the operation or performance of the works. These general prohibitions and the specific prohibitions in paragraph (b) of this section apply to all non-domestic sources introducing pollutants into a POTW whether or not the source is , subject to other National Pretreatment' Standards or any national. State. or' local Pretreatment Reauirements. (b) SpeCIfic prolubiiions. In addition. the following pollutants shall not be introduced into a POTW: (1) Pollutants which creat a fire or eXlJIOllion hazard in th'e POTW; (Z) Pollutants which will cause corrosive structural damage to the POTW. but in no case Discharges with pH lower than 5.0. unless the works-is specificallY designed 10 accommodate such Discharges: (3) Solid or viscous polluta:1ts in amounts which will cause obstruction to the flow in the POTW resulting in Interference: (4) Any pollutant. including oxygen demanding pollutants (BOD. etc.) released in a Discharge at a .flow rate and/or pollutant concentration which will cause Interference with the POTW. (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference. but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 4Q!C (1040F) unless the Approval Authority. upon request of the POTW. approves alternate temperature limits. ' (c) When Spec:fic Limits Must be Developed byPOTt"l. (1) POT'N's developing POT\V Pretreatment P!'ograms pursuant to ! 403.0 shall deveiop and enforce specific limits to implement the prohibitions iisted in ~ -l03.5 [a) and fb). (2) All other POTW's shall. in cases where ~ollutants contributed by User{s) result in Interference or Pass-Through. and such violation is likely to recur. I I I I I I I I I I I I I I I I I I I Federal Register / VoL 46. No. 18 / Wednesday, January 28. 1981 / Rules and Regulations 9441 develop and enforca specific effluent limits.for Industrial User{s), and all other users. as appropriate. which. together with appropriate cllanges in the POTW Treatment Plant's Facilities or operation. aN necessary to ensure renew:!d and continued compliance with the POTW's NPDES permit or sludge use or disposal practices. _ (3) Specific. effluent Umits shall not be developed and enforced without individual notica to penon. or groups who have requested such notice and an opportuDity to respond. (d) Local Limits. Where specific prohibition. or limits aD pollutants or pollutant parameters are developed by a POTW in accordance. with paragrapll (c) above.. such limits shall be deemed ~treatmeot Standards for the purposes 01 section 307{ d) of the Act. (e J EPA. and $ate Enforcement Actions. If. within 3Q days after notice of an InterierenC& or Pass Through violation has beeD sent by EPA or the NPDES State to the POTW. and to penons or groUPlJ who have requested such notice. the POTW fails to . commence appropriate enfOl"C2meIlt action to co.rrect the violation. EPA or the l'-'PDES State may take appropriate enforcement action. (fT Compliance Deadlines. Compliance with the. provisions of this section is required beginning on [44 days after publication in the Fedetal Register]. except for paragraph (b J(5J of this section which must be complied with by August 25. 1981., f 403.6 Hat!cMl ~ Standards: Cat8gortc:at Standard&. National Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties which may be Discharged to a POTW by lOOsting or new Industrial Usen in . specific industrial subcategories will be established as separate regulations under the appropriate subpart of 4D CFR Chapter L Subchapter N. These Standards. unl~. specific:a11y noted otherwise. shall be in addition to the general prohibitions established in 1403.S of this regulation. (aJ Catsgory Determination Request. (lJ Application. Deadline. Within 60 days after the effective date of a ~treatment Standard for a subcategory under which an Industrial User may be included. or within eo days after the Federal.Regiater notice announcing the availability of the technical development document for that subcategory, whichever is iater. the exating Industrial User or POTW may request that the Enforcement Division Director-or Director. as appropriate. provide written cartification on whether the Industrial User falia within that particular subcategory. A new source must request this certification prior to commencing discharge. Where a request for certification is submitted by a POTW. the POTW shall notify any affected Industrial User of such submissioR. The Industrial User may provide written comments on the POTW submission to the Enforcement Division Director or Director, as appropriate. within 30 days of notification. (2l Content8 of applicatiorr. Each request shall contain a statement: (iJ Describing which subcategories might be appliceble; and (il) Citing evidence and reasons why a particular subcategory is applicable and why others are not applicable. Each such statement shall contain an oath stating that the facts contained therein are true on the basis of the applicant's personal knowledge or to the best of his information and belieE: The oath shall be that set forth in ! 403.7(b J(2J(ii), except that the phrase "! 4D3.7(d)" shall be replaced with "~403.6(aJ.'" (3) Deficient Requests. The Enforcement Division Director or Director will only act on.written requests for determinationltthat contain all of the information requi:'ed. Persons who have made incomplete subrilissions wJll be notified by the Er-.Jorcement Division Director or Director that their requests are deficient and. unless the time period is extended. will be given 30 days to correct the deficiency. If the deficiency is not corrected within 30 days orwithin an extended period allowed by the Enforcement Division Director or the Dlrector. the request for a determination shall be denied. . (4) rural Decision. (i) When the Enforcement Division Director or Director. receives a submittal he or she will. ailer deter:nining that it contains all of the information required by paragraph (2) of this section. consider the submission, any additional evidence that may have been requesteciand any other available information !Slevant to the request. The Enforcement Division Dlrector or Director will then make a written determination of the applicable subcategory and state the reasons for the determination. (il) Where the request is submitted to the Director. the Director shall forward the determination described in this paragraph to the Enforcement Division Director who may make a r.nal determination. The Enforcement Division Director may waive receipt of these determinations. II the Enforcement Division Director does not modify the Director's decision within eo days after receipt thereof. or if the Enforcement Division Director waives receipt of the L-4 determination. the Director's decision is fina1. (iii) Where the request is submitted by the Industrial User or POTW to the Enforcement Division Director or where the Er-J'orcement Division Director elects to modify the Director's decision. the Enforcement Division Director's decision will be final. (iv) The Enforcement Division Director or Director. as appropriate. shall send a copy of the determination to the affected Industrial User and the POTW. Where the final determination is made by the Enforcement Division Director, he or she shall send a copy of the determination to the Director. (5J Requests for Hearing and/or Legal Decision. Within 30 days following the date of receipt of notice of the final determination as provided ior by paragraph (a)(4)(ivJ of this section. the Requester may suomit a petition to reconsider or contest the decision to the R~ional Administrator who shall act on such petition expeditiously and state the reasons for his or her determination in wri ting. (b) Deadhne for Compliance With Categorical Standards. Compliance by existing sources with categorical Pretreatment Standards shall be within 3 vears of the date the Standard i3 effective unless a ahorter compliance tima i3 specifil!d in the appropriate subpart of 40 CFR Chapter I. Subchapter N but in any case no later than July 1- 1984. Direct Dischar.;es ",;th NPDES permits :nodified or reissued to provide a variance pur,uant to section 301(i)(2] of the Act shall be reauired to meet compli.ance dates set forth in any applicable categorical Pretreatment Standard. Existin~ sources which become Industrial Users subsequent to promulgation of an applicable categorical Pretreatment Standard shall be considered existing Industrial Use1'3 except where such sources meet the definition of a- New Source as defined in 9 403.3(kJ. Compiiance with categorical Pretreatment' Standards for New Sources will be required upon promulgation. (c) Cancentratien o!zd .vlass Limits. Pollutant cii"Charge Umits in categorical Pretreatment Standards will be expressed either as concentration or mass limits. WheNver possible. where concentration limits are specified in standard3. equivalent mass limits will be provided so that local. State-or Federal authorities responsible for enforcement may use either concentration or mass limits. Limits in categorical Pretreatment Standards shall apply to the effluent of the process regulated by the Standard. or as otherwise specified by the Standard. I I I I I I I I I I I I I I I I I I I ~ Federal R~ster I Vol. 46. No. 18 I Wednesday. January 28. 1981 I Rules and Regulations (d} Dilution Prohibited as Substitute for Treatment. Except where expressly authorized to do so by an applicable C3tegorical Pretreatment Star.dard. no Industrial User shall ever increase the use of process water or. in. any'other way. attempt to dilute a Discharge as a partial or complete substitute for adequate treatment to achieve compliance with a categorical Pretreatment Standard. The Control Authority (as defined in 1403.12(a)) may impole masllimitations on Industrial Users which are using dilution to meet applicable Pretreatment Standards or in other cases where the imposition of mass limitations is appropriate. (e) Combined Wastest!eam FonnuJa. Where process effiuen.t is mixed prior to treatment with wastewaters other than those generated by the regulated process. fixed alternative discharge limits may be derived by the Control Authority, as defined in i 4O:f.12{a). or by: the Industrial User with the Written concurrence of the Control Authority. These alternative limits shall be applied to the. mixed effiuent. When deriving alternative categorical limits. the Control Authority or Industrial User sball-calculate both an alternative daily maximum value using the daily maximum \talue(s) specified in the appropriate categorical Pretreatment Standard(s) and.an alternative consecutive sampling day average value' using the lo~-term: aveNge.value(s) . specified in. the appropriate categorical Pretreatment Standard(s}. The Industrial User 3hall comply with- the alternative- daily maximum and long-term aveNge limits fixed by the Control Authority until the Control Authority modifies the limits or approves an Industrial User modification request. Modification is authorized whenever there is a material or signifiCant change in the values used in the calculation tb fix alternative limits for the regulated pollutant. An Industrial User must immediately report any such material or significant change to the Control Authority. Where appropriate' new altemativecategoric;:allimits shall be-ealculated within 3O.days. (1) Alternativelimitcalculatiolf. For purposes of these formulas. the "average daily flow!' means a reasonable measure of the average daily flow for a 3o-<iay period. For.new sources. flows shall be estimated using projected values. The . alternative limit Cor a specified pollutant \,,;U be derived by the use of either of the following foanulas: (i) A)ternative Concentration limi~ ~ N ~C.F. = 1=1 1 1 N E F. i=l 1 \vnere Ct-- the alternative concentration limit for the combined wtlltestream. Ct-the categorical 2retreatment Standard concentration. limit Cor a pollutant in the regulated stream i. F.- the averqe daily flow (at least a' 30- day averege) of stream i to the extent that it is..retWated for such. pollutant. FD-theaver&g. daily flow (at least a 30- day average) Cram boiler blowdown streama,non-cantact cooling streama. sanitarywa.testreama (wbere such streama ~ not regulated by a categorical. Pretreatment Standardl and from any proces. wastestreams wbich we~ 01: could have been entirely exempted from categorical Pretreatment Standards pursuant to paragraph 8 of the NRDC v. Costl. Consent Decree (12 ERC 1833) !oJ' one or more of the (ollowing reatoGa (ae. Appendix D): (1) the pollutants of concern are not datectabl. in. the effiuent from the Industrial User (paragraph (8)(a)(iiiJ): (2tth. pollutanta of concem are present only in trace amounts and are neither caU8iq nor likely to cause toxic effecta (paragraph (8)(a)(iiilJ:. (3) .the pollutants of concern are present in . amOUDtl too llDall to- be effectively reduced by.technologies known-to the ~~tor (paragraph (8J{a)(!llJ); or (4) the waste.tream containa only pollutants which are compatible with the. POTW (paragraph (8)(b)(i)). . FT-th.. average daily now (at least a 30- clay averege}-through the combined treatment facility (Includes Fb FD and unregulated streams)-; N-th.. total number ofregulated streams. (ii) Alternative Mass Limit: N '\ 2:"j FT - FO M.r . ~.I 1 N L. F. i-1 1. where MT-the altemalive mass Ilmil for a pollutant in the combined wastestream. Mt- the categorical Pretreetment Standard masa Umit for & poilwtant in the regulated L-5 stream i (the categorical pretreatment masa ami! multiplied by the appropriate measure of production). F,=-the average flow (at least a JO-day averegel of stream i to the extent that it is regulated for such pollutant. Fo-the average flow (at least a 3G-da'v average) from boiler blowdowll stre"ams. non-<:ontact cooling streams. sanitary wastestreams (where such streams are not regulated by a categorical Pntreatment Standard) and from any process .wastestreams wbich were or could have been entirely exempted from categorical Pretreatment Standards pursuant to parappb 8 of the NRDC v. Costle Consent Decree (1Z-ERC 1833) (or one or more of the following reasons (see Appendlx D): (IJ theilOllutants of concemare not detectable in the effluent from the Industrial User (paragraph (81(a)(iii)): (2J the pollutants of concern are present only in trace amounts and are neither caWling nor lWly to cause toxic effecta (paragraph (81(a)(Ill)); (3) the pollutants of concern are present in amounts too small to be effectively reduced. by technologies known to the Administrator (I!aragraph (8)(a)(Iii)): or {4J the wastestreem contains only pollutants whic.:h are compatible with the POTW (paragraph (8J(b)(i)). F'I'-the average flow (at least a 3O-day averege) through tha combined treatment facility (includes Fb FD and unregulated streams). N - the total number of regulated streams. (2) Alternate limits Below Detection Limit. An alternative pretreatment limit may not be used if the alternative limit is below the analytical detection limit for any of the regulated pollutants. (3) Self~monitoring. Self-monitoring required to insure compliance with the alternative categorical limit shall be as iollows~ (i) The type and frequency of' sampling. analysis and flow measurement shall be determined by reference to the self.monitoring requirements of the appropriate categorical Pretreatment Standard(sJ; (ii) Where the seli.monitoring schedules for the appropriate Standards differ. monitoring shall be done according to the most fnquent schedule: (Hi) Where flow determines the frequency of self.monitoring in a categorical P1'etreatment Standard. the sum of all regulated flows (F,) is the flow which shall be used to determine sei!. monitoring frequency. I I I I I ,I I I I I I I I I I I I I I Federal Register / Vol. 46. No. 18 / Wednesday, January 28. 1981 / Rules and Regulations 9443. I .03.7 Ae'ltlsion 0' categorical p"treatment s~ to reflect POrN remo~ 0' pollutants. nus section provides the criteria and procedures to be used by a POnY in revising the pollutant discharge limits 3pecified in categorical Pretreatment Standards to reflect Removal oi pollutants by the POTW. (a) Definitions. For the purpose of this section; (1) "Removal" shall mean a reduction in the amount of a pollutant in the POTW's effluent or alteration of the nature of a pollutant during treatID.ent at- the POTW. The reduction or alteration can be obtained by physical. chemical or biological means and may be the result oi specifically designed POTW capabilities or it may be incidental to the operation of the treatment system. Removal as used in this subpart shall not mean dilution oi a pollutant in the POTW. The demonstration oi Removal shall consist of data which reflect the Removal achieved by the POTW for those specific pollutants of concern included on tha Ust developed pursuant to section 307(a} of the Act. Each categorical Pretreatment Standard will specify whether or not a Removal Allowance may be granted for indicator or surrogate pollutants regulated in that Standard. . . (2) "C.Jnsistent Removal" shall mean the average oi the lowest 50 percent of the removals measured according to paragraph (d)(2) of this section. All sample data obtained for the measured pollutant during the time period prescribed in paragraph (d)(2) of this section must be repot%ed and used in computing Consistent Removal If a substance is measurable in the influent but not in the ~ffluent. the emuent level may be assumed to be the limit of measurement and those data may be used by the POTW at i15 discretion and subject to approval by the Approval Authority. If the..substance is not measurable in the influent. the data may not be used. Where the number of samples with concentrations equal to or above the limit of measurement is between 8 and 12. the average of the lowest 6 removals shall be used. If there are less than 8 samples with concentrations equal to or above the limit of measurement, the Approval Aathority may approve alternate means for demonstrating Consistent Removal The tenn "measurement" refers to the ability of the analytical method or protocol to quantify as well as identify the presence of the substance in question. (3) "Overt1ow" means the intentional or unintentional diversicn of flow from the POTW before the POTW Treatment Plant. (b) Revision of Categorical Prf1treatmtlnt Standards to Reflect POTW Pollutant Removal. Any POTW receiving wastes from an Industrial User to which a categorical Pretreatment Standard applies may. subject to the conditions of this section. revise the' discharge limits for a speCific; pollutant(s) covered in the categorical Pretreatment Standard applicable to that User. Revisions-will only be made where the POTW demonstrates Consistent Removal of each pollutant for which the discharge limit in a categorical Pretreatment Standard i. tG be revised at a level which justifies. the amount of revision to the discharge limit. In addition. revision oi pollutant discharge limi15 in categorical Pretreatment Standards by a P01W may only be made provided that: (1) Application. The POTW applies for. and receives. authorization from the Regional Administrator and I or Director to revi.e the discharge limits in Pretreatment Stand.u:ds..- for specific pollutan15. in accordance with the requirements and procedures -set out in this section and t t <W3.9 and 403.11: and (2) POTW Pretreatment Programs. The POTW has a Pretreatment Program approved in-accordance with t t 403.8. 403.9. and 403.11: provided. however. a POTW may conditionally revise the discharge limits for specific pollutants. )!ven though a Pretreatment Program has not been approved. in accordance with the follOwing terms and conditions. These provision also govern the issuance of provisional authorizations under! 403.7(d)(2)(vii); (i) All Industrial Users who wish to receive a conditional or provisional revision of categorical Pretreatment Standards must submit to the POTW the information required in ! 403.12(b)(lH7) pertaining to the categorical Pretreatment Standard as modified by the conditional or provisional removal allowance. except that the compliance schedule required by! 403.12(b)(7) is not required where a provisional allowance is requested. The submission shall indicate what additional technology. if any. will be needed to comply with the categorical Pretreatment Standards u.revised by the P01W; (il) The POTW must compile and submit data demonstrating removal in accordance with the requirementa of paragraphs (d)(lH7) of this section. The POTW shall submit to the Approval Authority a removal report which comports with the signatory and certifir.ation requirements of t <W3.12 (1) and (m). This report shall contain a certification by any of the persons specified in t <W3.12(1) or by an L-6 independent engineer containing the foHowing statement: "! have personally examined and am familiar with the information ~ubmitted in the attached document, and I hereby ce~.iIy under. penalty of law that this information was obtained in accordance with the requiremen15 of t 403.7(d). Moreover. based upon my inquiry of those individuals immediately responsible Cor obtaining the information reported herein. I believe that the submitted information is true. accurate and complete. I am aware that there are significant penalties for submitting Calse - information. including the possibility of 1me and imprisonment.": (ill) The P01W must submit to the Approval Authority an application for pretreatment program approval meeting the requirements of Ii 403.8 and 403.9(a) or (b) in a timely manner. not to exceed the time limitation set forth in a compliance schedule Cor development of a pretreatment program included in the PO~sNPDESpenrot (iv) If a POTW grants' conditional or provisional revision(s) and the Approval Authority subsequently makes a final determination. after notice and an opportunity for a hearing. that the POTW failed to comply with the conditions in paragraphs (b}(2l(li) or (ili) of this section. or that its sludge use or disposal practices are not in compliance- with the provisions oC paragraph (b)(4) of this section. the revision shall be terminated by the Approval Authority and all Industrial Users to whom the revised discharge limits had been applied shall. achieve compliance. with the applicable categorical Pretreatment Standard(s} within a-reasonable time (not to exceed the period of time prescribed in the applicable categorical Pretreatment Standard(s)) as specified by the Approval Authority. However. the revision(s)' shall not be terminated where the POTW has not made a timely application for program approval if the POTW has made demonstrable progress towards and has demonsO'ated and continues to demonstrate an intention to submit an approvable pretreatment program as expeditiously as possible within an additional period of time. not to exceed one year. established by the Approval Authority; (v) If a POTW gran15 conditional or provisional revision(s) and the POTW or Approval Authority subsequently makes a final determination. alter notice and an opportunity for a hearing. that the Industrial User(s) failed to comply with conditions in paragraph (b)(2l(i) of this section. including in the case of a conditional revision. the dates specified in the compllanca schedule required by I I I I I I I I I I I I I I I I I I I 9444 Federal Register I Vol. 46t No. 18./ Wednesday. January 28. 1981 / Rules and Regulations ~ 40:3.12(b)(7), the revision shall be terminated bv the POTW or the Approval Auihority for the non- complying Industrial Usen and all non- complying Industrial Users to whom the revised discharge limiu had been applied shall achieve compliance with the applicable categorical Pretreatment Slandard(s) \vithin the time period specified in such Sland..ard(s). The. revision(s) shall not be terminated where a violation of the provisions of this subparagraph results Cram causes entirely outside of the control of the Industrial User or the Industrial User has demonstrated substantial compliance: and (vii The POTW shall submit to the Approval Authority by December 31 of each year the name and address of each Industrial User that has received a conditionally or provfsionally reviled discharge limit. U the revised discharge limit is revoked. the POTW must submit the information in paragrapfl (b)'ZI(i) above to the Approval Authority: (3) Compensation for overflow. POTW's which at least once annually Overflow untreated wastewater to receiving waten may claim Consistent Removal of a pollutant only by complying with either paragraphs (b)(3)(i) or (ii) below. However. this subsection shall not apply where Industrial User{s) can demonstrate that Overflow does not occur between the Industrial User(s) and the POTW Treatment Plant: (i) The Industrial User provides containment or otherwise ceases or reduces Discharges from the regulated procesS'l!S which contain the pollutant for which an allowance is requested during all circumstances in which an Overflow event can reasonably be expected to.occur at the POTW or at a sewer to which the Industrial User is connected. Discharges must cease or be reduced. or pretreatment must be increased. to the extent necessary to compensate for the removal not being provided by the POTW. Allowances under this provision will only be granted wit ere the POTW submits to the Approval Authority evidence that: (A) All Industrial Users to which the POTW proposes to apply this provision have demonstrated the ability to contain or otherwise cease or reduce. during cirC'UIl'lstances in which an Overflow event c~n reasonably pe expected to occur. Discharges from the regulated processes which contain. pollutants for which an allowance is requested: (B) The POTW bas identified circumstances in which an O..erilow event can reasonably.. be expected to occur. and haa a notification or other- viable plan to insure that Industrial Users willleam of an impending Overflow in sllfficient time to contain. cease or reduce Discharging to prevent untreated Overflows from occurring, The POTW must also demonstrate that it ',vlll monitor and verify the data required ih paragraph (b)(3)(i}(C) herein to insure that Industrial Users are containing. ceasing or reducing operations during POTW System Overflow: and (C) All Industrial Users to which the POTW proposes to apply this provision have demonstrated the ability and commitment to collect and make available upon request by the POTW, State Director or EPA Regional Administrator daily flow reports or other data sufficient to demonstrate that all Discharges from regulated processes containing the pollutant for which, the altowance is requested were contained, reduced or otherwise ceased. as appropriate-. during all circumstances in which an Overflow event was reasonably. expected to occur; or (ii}(A) The Consistent Removal claimed is reduced pursuant to the following equation: r = r c m 8760-Z 8760 Wher:e: r.-POTW'a eonsistent Removal rate for that pollutant as established lUIder parall'aphs (a}{l) and (d}(2J ol this section r..removal Cl:llT1!cted by the Overflow factor Z"" hour.! per year that Overflow oCcum!d between the Industrial User(s) and the POTW Treatment Plant. the hour.! either to be shown in the POTW'. current NPDES permit application or the noun. 81 demoMtrated by verifiable teclU1iques. that a particular Induttrial User's Discharge Overflows hetween the Industrial User and the POTW Treatment Plant: and (B){1) After July 1. 198:3. Consistent Removal may be claimed only where efforts to correct the conditions resulting in untreated Discharges by the POTW are underway in accordance with the policy and procedures set forth in "PR."{ 75-34" or "Program Guidance Memorandum-81" (same docnment) published on December 16. 1975 by EPA Office of Water Program Operations (WH-546). (See Appendix A.) Revisions to discharge limits in categorical Pretreatment Standards may not be made where efforts have not been committed to by the POTW 10 minimize pollution from Overflows. At minimum. L-7 by July 1. 1983. the POTW must have completed the analysis required by PR.\,{ 75-34 and be making an effort to implement the plan. (2) II. by July 1. 1983. a ponv has begun the PRM 75-34 analysis but due to circumstances beyond its control hilS not completed it, Consistent RemovaL subject to the approval of the Approval Authority, may continue to be claimed according to the formula in paragraph (b}(3)(ii)(A) above so long as the POTW acts in a timely fashion to complete the analysu and makes an effort to implement the non-structural COlt- effective measures identified by the analysis: and so long as the POTW has expressed its willingness to apply, alter completing the anaiysis. Cor a construction grant necessary to implement any other cost-effective Overflow controls identified in the analysis should federal funds become available. so applies Cor such funds. and proceeds with the required construction in an expeditious manner. In addition. Consistent Removal may. subject to the approval of the Approval Authority, continue to be claimed according to the formula in paragraph (b)(3)(iiJ(A) above where the POTW has completed and the Approval Authority has accepted the analysis required by PRM 75-34 and the POTW has requested inclusion in its NPDES permit of an acceptable comp1ian~ schedule providing for timely implementation of cost-effective measures identified in the analysis. (In' considering what is timely implet;1entatio.n. the Approval Authority shall consider the availability of funds. cost of control measures. and seriousness of the water quality problem.); and (4) Ccmpliance with applicable sludge requirements. Such revision will not contribute to the POTWs inability 10 comply with its NPDES permit or with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations) as they apply to the sludge management methods being used: section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA) (including Title II. more commonly referred to as the Resource Conservation Re.tuvery Act (RCRA) and including State reg'Jlations contained in any State sludge management plan prepared pursuant to Subtitle 0 of SWDA)). the Clean Air Act and t.he Toxic Substances Control Act. The POnv will be authorized to revise discharge limits only for those pollutants that do not contribute to the violation of I I I I I I I I I I I I I I I I I I I Federal Register I VoL 46. No. 18 I Wednesday. January 28. 1981 I Rules and Regulations 944S Its NPDES permit or any of the above statutes. (cl POTW application for authorization to revise discharge limits. (1) Application for authori2:ation to revise discharge limits for Industrial {;llers who are or in the future mav be subject to categorical Pretreatment Standards. or approval of discharge Umits conditionally or provisionally _ revised for Industrial Users by the POTW pursuant to- paragraphs (b )(2) and.(d}(2)(vii] shall. be submittl!d by the PO'IW to the Approval Authority. (2) Each POTW may submit such an application no more than once pel' year with respect to either. . (lJ any categorical Pretreatment Standard. promulgated in the prior 18 months: (ill any new or modified facilities or production cha,nges resulting in. the Discharge- of pollutants which were not previously disch~ed and which are subject. to prom~ated categorical Standards: or (ill] any- significant increase in Removal efficiency attributable to specific identifiable.circum.stancl!S or corrective measures (such aa- improvements in operation and maintenance practices. new treatment or treatment capacity. or a significant change in. the influent to the-POTW T.reatment Plant). (3) The Approval Authority may. 110wever. elect not to review such application(s! upon receipt. in which: case the POTW's conditionally or provisionally revised discharge limits will remain. in effect until reviewed by the Approval Authority. This review may occur at any time in accordance with the procedures of , 403.11. but in no event later than the time of any pretreatment program approval or any NPDES permit reissuance thereafter. (4) If the Consistent Removal claimed is based on an analytical technique other-than the technique specified for. the applicable categorical Pretreatment Standard. the Approval Authority may require the POTW perform additional analyses. (d)" Contents of application to revise discharge limits. Requesu for authori2:ation to revise discharge limits in categorical Pretreatment Standards must be supported by the following informa tion: (1) List of Pollutants. A Ust of pollutants for which discharge Umit revisions are proposed. (2) Consistent Removal Data. Influent and effluent operational data demonstrating Consistent Removal or other information. as provided for in paragraph (a)(2) of this section. which demonstrates Consistent Removal of the pollutants for which discharge Umit revisions are proposed. This da ta shall meet the following requirements: (i) Representative Data: Seasonal. The data shall be representative of yearly and seasonal conditions to which the POTW is subjected for each pollutant for which a discharge Umit revision is proposed. (il) R;spresentative Data: Quality and Quantity. 'The data shall be representative of the quality and quantity of nOmW.eHluent and influent flow if such data can be obtained. If such data are unobtainable. alternate data or information maybe presented for approval to demonstrata Consistent Removal aa- provided for in paragraph (a)(2) of this section. . (ill) Sampling Procedures: Composite. (A) The influent and effluent operational data shall be obtained throUgh 24-hour flow-proportional composite samples. Sampling may be done manually or automatically. and discretely or continuouaiy. For discrete sampling, at least 12 aliquots shall be composited. Discrete sampling may be flow- proportioned either by varying the time interval between each aliquot or the volume of each aliquot. All composites must be flow-proportional to either stream flow at .time of collection of influent aliquot or to the total influent fIow'since the previous influent aliquot. Volatile pollutant aliquots must be combined in the laboratory immediately beiore analysi.. (B)(1) Twelve samples shall be taken at approximately equal intervals throUghout one full year. Sampling must be evenly distributed over the day. of the week.so a. to include non-workdays as well as-workdays. If the Approval Authority determines that this schedule will not be most representative of the actual operation of the POTW- Treatment Plant-an alternative sampling schedule will be approved. (2) In addition. upon the Approval. Authority's concurrence. a POTW may utilize an historical data base amassed prior to the effective date of this section provided that such data otherwise meet the requirements of this paragraph. In order. for the historical data base to be approved it must present a statistically valid description of daily. weekly and seasonal sewage. treatment plant loadings-and performance for at lea.t one year. . (C) Effluent sample collection need not .be dela1ed to compensa te for hydraulic detention unless the POTW elects to include detention time compensation or unless the Approval Authority requires detention time compensation. The Approval Authority may require that each effluent sample L-8 be taken approximately one detention time later than the corresponding influent sample when failure to do so would result in an unrepresentative portrayal of actual POTW operation. The detention period is to be based on a Z4-hour average daily flow value. The average daily flow used will be based upon the average of the daily flows during the same. month of the previous year. . (iv) Sampling Procedures: Crab. Where composite sampling is not an approp_riate sampling technique. a grab sample(s) shall be taken to obtain influent and effluent operational data. Collection of influent grab samples should preceed collection of effluent samples-by approximately one detention period. The detention period is to be based on a 24-hour average daily flow- value. The average daily flow used will be based upon the average of the daily flows during the same month of the previous year. Grab samples will be required. for example. where the parameters being evaluated are those. such as cyanide and phenol. which may not be held for any extended period because of biological. chemical or physical interactions which take place after sample collection and affect the results.-A grab sample is an individual sample collected over a period of time not exceeding 15 minutes. (v) Analytical methods. The sampling referred to in paragraphs (d)(2)(iJ-{iv} and (d)(5) of this section and an analysis of the.e samples shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto. Where 40 CPR Pal't 136 does not contain sampling or analytical techniques for the pollutant in question. or where the Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question. sampling and analysis shall be performed using validated analytical methods or any other applicable sampling and analytical procedures. including procedures suggested by the POTW or other parties. approved by the Administrator. (vi) Calculation of removal. All data acquired under the provisions of this section must be submitted to the Approval Authority. Removal for a specific pollutant shall be determined either. for each sample. by measuring the differen<:e between the concentrations of the pollutant in the influent and effluent of the POTW and expressing the difference as a percent of the influent concentration. or. whei'e such data cannot be obtained. Removal may be demonstrated using other data I I I I I I I I I I I I I I I I I I I 9446 Federal R~ster I Vol. 48, No. 18 I Wednesday, January 28. 1981 I Rules and Regulations or procadures subject to concurrence by the Approval Authority as provided for in paragraph (a)(2) of this section. (vii) E."(c~ption to sampling data requirement: provisional removal demonstration. For pollutants which are not currently being discharged (new or modified facilities. or production changes) application may be made by the POTW for provisional authorization to revise the applicable categorical Pretreatment Standard prior to initial discharge of the pollutant. Consistent Removal may be based provisionally on data from treatability studies or demonstrated removal at other treatment facilities where the quality and-quantity of influent are similar. In calculating and applying for provisional removal allowances. the POTW must comply with the provisions of paragraphs (b)(lH4) of this section. Within 18 months after the- commencement of Discharge of the pollutants in question. Consistent .Removal must be demonstrated pursuant to the requirements of paragraphs (a)(2) and (dJ(2)(iHvi) of this" section. (3) List of industrial subcategorie$. A list of the industrial subcategories for which discharge limits in categorical Pretreatment Standards will be revised. including the number of Industrial Users In each such subcatesory and an identification of which of the pollutants on the list prepared under paragraph (d)(ll of this section are Discharged by each subcategory. (4) Calculation ofrevised discharge limits. Proposed revised discharge limits for each of the subcategories of Industrial Users identified in paragraph (d)(3) of this section calculated in the following manner: (i) The proposed revised discharge limit for a specified pollutant shall be derived by use of th~ following formula: x Y=-- l-r ...here: x-pollutant discharge limit specified in. the applicable categorical Pretreatment Standard r-PO'rN's Consistent Removal rate for that pollutant as established under paragraphs (a)(21. (d)(21 and. if appropriate. (b )(3)(iij(AI of this section. (percentage expressed as a decimal} Y-revised discharged limit for the specified pollutant (expressed in same units as xl (il) In calculating revised discharge limits. such revision for POTW Removal of a specified pollutant shall be applied equally to all existing and new Industrial Users in an industrial subcategory subject to categorical Pretreatment Standards which Discharge that pollutant to the ~OTW. (5) Data on sludge characteristics. Data showing the concentrations and amounts in the POTW's sludge of the pollutants for which discharge limit revisions are proposed and for which EPA. the State or locality have published sludge disposal or use criteria applicable to the POTW's current method of sludge use or disposal These data shall meet the following requirements. (i) The data shall be obtained through a composite sample taken during the same sampling periods selected to measure Consistent POTW Removals in accordance with the requirements of paragraph (d)(2) of this section. Each composite sample. will contain a minimum of 12 discrete samples tahn at equal time intervals over a 24 hour period. Where a composite sample is not an appropriate sampling technique. grab samples shail be taken. (il) Sampling and analysis of the samples referred to in paragraph (d)(S)(i) of this aection shall be performed in accordance with the sampling and analytical techniques described previously in paragraph (d)(2)(v) of this section. (6) Description of sludge management. A specific description of the POTW's current methods of use or disposal of its sludge and data demonstrating that the current sludge use or disposal methods comply and will continue to comply with the requirements of paragraph (b)(4) of this section. (7) Certifica,tion statement. The certification statement required by paragraph (b)(2)(ii) of this section stating that the pollutant Removals and associated revised discharged limits have been or will be calculated in accordance with this regulation and any guidelines issued by EPA under Section 304{gf of the Act. (e) Procedure for authorizing modifi. cation of standards. (1) Application for authorization to revise National Pretreatment Standards shall comply with ! 403.9(d) and paragraphs (cl and (d) of this section. Notica. public comment. and review by the Approval L-9 Authority shall comply with f 403.11. (2) porN's which have received a construction grant from funds authorized for any fiscal year beginning after September 30, 1978, will only be considered for authorization to modify National Standards after they have completed the analysis required by section 201(g)(5) of the Act and demonstrated that modification of the discharge limits in National Standards will not preclude the use of inna.vative or altamative technology. In addition. where .ludge disposal or treatment technology is or will be acquired or constructed with construction grant funds, POTW s should refer to ~ 35.917(d)(6) and Appendix A of Part 35 of TItle 40 of the Code of Federal Regulations to determine the funding eligibility of sludge disposal or treatment facilities.. (3) The Approval Authority shall. at such time as it elects to review the Submission under paragraph (cl of this section, or at the time of POTW pretreatment program approval or NPDES permit reissuance thereafter. authorize the POTW to revise Industrial User discharge limits. as submitted pursuant to paragraph (dl(4) of this section. which comply with the provisions or this section. (4) Nothing in these regulations precludes an Industrial User or other interested party from assisting the POTW in preparing and presenting the information necessary to apply for authorization to revise categorical Pretreatment Standards. (f) Continuation and withdrawal of authorization. (1) Monitoring and reporting of consistent removal. Following authorization t01'evise the discharge limits in Pretreatment Standards, the POTW shall continue to monitor and report on (at such frequencies and over such intervals as may be specified by the Regional Administrator. but in no case less than two times per year) the POTW's Removal capabilities for all pollutants for which authority to revise the Standards was granted. Such monitoring and reporting shall be in accordance with ~ 403.12 (il and (j) pertaining to pollutant removal capability Mlports. (2) Re-evaluation of revisions. Approval of authority to revise Pretreatment Standards will be re- examined whenever the POTWs NPDES Permit is reissued. unless the Regional Administrator determines the need to re-evaluate the authority pursuant to paragraph (f)(5) of thill section. In order I I I I I I I I I I I I I I I I I I I Federal Register I Vol. 46. No. 18 I Wednesday. January 28. 1981 I Rules and Regulations 9447 to mamtaia a removal allowance. the POTW muat comply with all federal. State and local Statutes. ~ations and per:nits applicable to the FO'tWs selected method of sludge use or disposaL In addition. ~here Overflows of untreated waste by the POTW continue to OCl:Ut the Regional . Administrator may condition continued authorization to revise discharge Umits Ul'Qn the POTW performing additional . analysis andlor implementing additional control measures aa 18. consistent with EPA policy on POTW Overflowa. (3) Inclusion in POTW perrniL 0uc8 authority to revise. discharge limits for a specified pollutant is granted. the mised discharge limits for Industrial Users Qi the system as well as the COnsistent Removal documented by the POTW for that pollutant and the other requirements .of paragraph (b) of this section. shall be included in the POTW's NPDES Permit upon the earliest reiaauance or modification (at or folloWing Program approval) and shall become enforceable requirements of the POTW's NPDES Permit - (4) EPA review of state removal allowance approvals. Where the NPDES State has an approved pretreatment program. the Regional Administrator may agree. in the Memorandum of Agreement under 40 CFR 113.7. to waive. the rightto review and object to Submissions for authority to revise discharge limits under this section. Such an agreement shall not nstrict the Regional Administrators right to comment upon or object to permits issued to POTW's except to the extent permitted under 40 CFR 123.7(bJ(3)(i)(D). . (5) Modification or withdrawal of l"fJvised limits.-{iJ Notice to POTW: The Approval Authority shall ntltify the POTW if. on the basis of pollutant removal capabilir/ reports received puriuant to paragraph (f)(1) of this section or other information available to it. the Approval-Authority determines: (A) that one or more of the discharge limit revisions made by the POTW. or the POTW itsel!. no longel'meets the requirements of this section. or (B) that such discharge limit revisions are cauaing orsignificantiy contributing to a violation of any conditions 01' limits contained in the POTW's NPDES Permit A revised discharge limit is significantly coiitributing to a violation. of the POT\V's permitif it satisfies the definition set forth in ! 40.33 (i) or (n). (il) Corrective action. If appropriate corrective action is not taken within a reasonable time. not to exceed 60 days unless the PO'l'W or the affected IndustrialUsers demonstrate that a longer time period is reasonably necessary to undertake the appropriate corrective action. the Approval Authority shall either withdraw such discharge limits or require modifications in the re..;sed discharge limits. (ill) Public notice of withdrawal or modification. The Approval Authority shall not withdraw or modify revised discharge limits unless it shall ~t have notified the POTW and all Industrial Users to whom revised discharge limits have been applied. and made public. in wriq the reasons for such withdrawal or modification. and an opportunity is provided for a hearing. Following such notice and withdrawal or modification. all Industrial Users to whom revised discharge lin:tits had been applied. shall be subject to the modified discharge limits or the discharge limits prescribed in the applicable categorical Pretreatment Standards. as appropriate. and shall achieve compliance-with such limits within a reasonable time (not to exceed the period of time prescribed in the applicable categorical Pretreatment Standard(s) as may be speci!ied by the Approval Authority. . (g) Rsmoval allowances in Slate-nm pretreatment programs under ! 403.10(8). Where an NPDES State with an approved pretreatment program elects to implement a local pretreatment program in lieu of requiring the POTW to develop such a program (see ! 403.10(e)) the POTW shall nevertheless be responsible for demonstrating Consistent Removal as . provided for in this section. The POTW will not. however. be required to develop a pretreatment program as a precondition to obtaining approvaloi the allOwance as required by paragraph (b}(2) of this section. Instead. before a removal allowance- is approved. the State will be required to demonstrate that sufficient technical personnel and reSOlll'ees are available to ensure that modified discharge limits are correctly applied to affected Users and that Cansistent Removal is maintained. ~ 403.4 POTW pretreatment I'rograms: deve409ment by ?OTW. (a) POnY's required to develop a pretreatment program. Any POTW (of combination oi POTW's operated by the same authority} with a total design flow greater than 5 million gallons per day (=.gd) and receiving from Industrial Users pollutants which Pass Through or Interfere with the ooeration of the POTW or are otherNise subject to Pretreatment Standards Will be required to establish a POTW Pretr!latment Program unless the NPDES State exercise~ its. option to assume local responsibilities as provided for in ! 403.10(e). The Regional Administrator L-10 or Director may require that a POTW with a design flow of 5 mgd or less develop a POTW Pretreatment Program if he or she fmds that the nature or volume of the industrial influent. treatment process upsets. violations of POTW efnuent limitations. contamination of municipal sl.udge. or other circumstances warrant in order to prevent Interference with the POTW or Pass Through. In addition. any POTW des:r.ng to modify categorical Pretreatment Standards for pollutants Removed by the POTW (aa provided for by I 403.7) must have an approved. POTW Pretreatment Program prior to obtaining final approval of a removal allowance. POTW's may receive conditional approval of a removal allowance. as provided for by i 403.7(bJ(2). prior to obtaining POTW Pretreatment Program Approval. A POTW may receive ! 403.7(g) authority to revise Pretreatment Standards without being required to develop a POTW Pretreatment Program where the NPDES State has assumed responsibility for running a local program in lieu of the POTW in accordance with 1403.10(e}. (b) Deadline for Program Approval. A POTW'which meets the criteria of paragraph (a) of this section must receive apprcval of a POTW Pretreatment Program no later than 3 years after the reissuance or modification of it. existing NPDES permit but in no case later than July 1. 1003. POTW's whose NPDES permits are modified under section 301(h) of the Act shall have a Pretreatment Program within less than 3 years as provided for in 40 CFR Part 125. Subpart G (44 FR 34783 (1979). The POTW Pretreatment Program shall meet the criteria set forth in paragraph (f) of this section and will be administered by the POTW to ensure compliance by Industrial Usel"3 with applicable Pretreatment Standards and Requirements. ' (ej Incorporation of approved programs in permit3. A POTW may develop an approvable POTW Pretreatment Program any time before the time limit set forth in paragraph (b) of this section. If (1) the POTW is located in a State which has an approved State permit program under section 402 of the Act and an approved State pretreatment prog;ram in accordance with I 403.10: or (2) the POTW is located in a State which does not have an approved permit program under section 402 of the Act: the POTW's NPDES Permit will be reissued or modified by the NPDEs State or EPA. respectively. to incorpoI'3te the approved Program conditions as. enforceable conditions of the Permit. If I I I I I I I I I I I I I I I I I I I .9448 Federal Register I Vol. 46, No. 18 / Wednesday, January 28, 1981 / Rules and Regulations the POTW is locatad in an NPDES State which does not have an approved State pretreatment program. the approved POTW Pretreatment Program shall be incorporated into the POTW's NPDES Permit as provided for in ! 403.10(d). (d) Incorporation of compliance schedules in permits. If the POTW does not have an approved Pretreat:nent Program at the time the POTW's l!xisti~ Permit is reissued or modified. the reissued or modified Permit will contain the shortest reasonable compliance schedule, not to exceed thr1!e years or July 1, 1983. whiclIever is sooner, for the approval of the legal authority, p(ccedures and funding required by paragraph (f) of this section. Whe're the POTW is located in an NPDES State currently without authority to require a POTW Pretreatment Program. the Permit shall incorporate a modification or termination ClalLH as provided for in ! 403.10( dl and the compliance schedule shall be incorporated .when the Permit is modified or reissued punuant to such dause. (e) Cause for Reissuance or Modification of Permits. Under the authority of section 402{b)(l}(C) of the Act. the Approval AuthC?rity may modify. or alternatively, revoke and reissue a POTW's Permit in order to: (1) put the POTW on a compliance schedule for the development oC a POTW Pretreatment Program where the addition of pollutants into a POTW by an Industrial User or combination of Industrial Users presents a. substantial hazard to the functioning of the treatment works. quality of the receiviDg waters. human health. or the environment: (2) coordinate the issuance of a section Z01 con.struction grant with the incorporation into a permit of a compliance schedule for POTW Pre~eattnentProgra~ {3} incorporate a modification of the permit approved under sections 301(h} or 301(i) of the Act (4) incorporate an approved POTW Pretreattnent Program in the POTW permit: or - (5) incorporate a compliance schedule tor the development of a POTW pretreatment program in the POTW permit. If) POTW pretreatment program requirements. A POTIN Pretreatment Program shall meet the following. requv-...,ents: (l) Legal Authority The POTW shall operate pursuant to legal authority enforceable in Federal. State or local courts. which authorizes or enables the POTW to apply and to enCorce the requirements of secti"ns 307 (b) and (c), and 402(b)(8) oC the Act and any regulations implementing those sections. Such aut.'1ority may be contained in a statute. crdinance. or series oC contracts or joint powers agreements which the POTW is authorized to enact. enter into or implement, and which are authorized by State law. At a minimum, {his legal authorit}, !hall engOre the POTW to: (i) Deny or ccndilion new or increased contributions of pollutants. or changes in the nature of pollutants. to the POTW by Industrial Users where such contributions do not meet applicable Pretreatment Standards and Requirements or where such contributions would cause the POTW to violate its NFDES permit: (ii) Require compliance with applicable Pretreattnent Standards and Requirements by Industrial Users; (iii) Control. through permit. con~act. order. or similar means. the contribution to the POTW by each Industrial User to ensure compliance with applicable Pretreatment Standards and Requiremen ts; (iv) Requin (A) the development of a compliance schedule by each Industrial User for the installation of technology required to meet applicable Pretreatment'Standards and Requirements and (B) the submission of all notices and self-monitoring reports from Industrial Users as are necessary to assess and assure compliance by Industrial Users with Pretreatment Standards and Requirements, including but not limited to the reports required in t 403.12: (v) CarTY out all inspection, surveillance and monHoring procedures necessary to determine. independent of information supplied by Industrial Users, compliance or noncompliance with applicable Pretreatment Standards and Requirements by Industrial Users. Representatives of the POTW shall be authorized to enter any premises of any Industrial Use! in which a Discharge source or treatment system is located or in which records are required to be kept under! 4OO.l2(m) to assure compliance with Pretreatment Standards. Such authority shall be at least as extensive .ilS the authority provided under section 308 of the Act: (vi) (A) Obtain remedies for noncompliance by any Industrial User with any Pretreatment Standard aM Requirement. All POTW's shall be able to seek injuctive relief for noncompliance by Industrial Users with Pre~eatment Standards and Requirements. In cases where State law has authorized the municipality or POTW to pass ordinances or other local legislation. the POTW !hail exercise such authorities in passing legislation to L-ll seek and assess civil or criminal penalties for noncompliance by Industrial Users with Pretreatment Standards and Requirements. POTW's without such authorities shall enter into con~acts with Industrial Users to assure com?liance by Industrial Users with Pretreatment Standards and Requirements. An adequate contract \vill provide for liquidated damages for violation of Pr~atment Standards and Requirements and willlndude an agreement by the Industrial User to submit to the remedy of specific performance for breach of contract. (B) Pretreatment Requirements which will be enforced through the remedies set eorth in paragraph (f)(l)(vi)(A} will include but not be limited to. the duty to allow or carTY out inspections. entry. or monitoring activities; any rules, regulations, or orders issued by the POTW; or any M!porting requirements Imposed by the POTW or these regulations. The P01W shall have authority and procedures (aiter informal llotice to the discharger) immediately lnd effectively to halt or prevent any Discharge of pollutants to the P01W which reasonably appears fo present an Imminent endangerment to the health or welfare of person.s. The POTW shall e1so have authority a.ad procedures (which shall include notice to the affected Industrial Users and an opportunity to respond) to halt or prevent any Discharge to the POTW which pM!sents 01' may present an endangerment to the environment or which threatens to interfere with the operation of the POTW. The -Approval Authority shall have authority to seek judicial relief for noncompliance. by Industrial Users when the POTIN h.u acted to seek such relief but has sought a penalty which the Approval Authority finds to be insufficient. The procedures for notice to cfischargers where the POTW is seeking ex parte temporary judicial injunctive relief will be governed by applicable state or federal law and not by this provision: and (vii) Comply with the confidentiality requirements set Corth in ! 4<J3.14. l2} Procedures. The POTW shaU develop and implement procedures to ensure compliance with the requirements of a Pretreatment Program. At Cf minimum. these procedures shall enable' the POTW to: (i) Identify and locate all possible Industrial Users which might be subject to the POTW Pretreatment Program. Any compilation. index or inventory of Industrial Users made under this paragr.aph shall be made available to the Regional Administrator or Director :1pon request: I I I I I I I I I I I I I I I I I I I Federal Register / Vol. 46. No. 18 / Wednesday. January 28. 1981 / Rules and Regulations 9449 (ii) Identify the character and volume of pollutants contributed to the POTW by the Industrial Users identified under t 403.S(f)(2J(i). This infonnation shall be made available to the Regiona! Administrator or Director upon request; (Hi) Notify Industrial Users identified under S 403.B(f)(Z)(il of applicable Pretreatment Standards and any applicable requirements under section Z04(b) and 405 of the Act and Subtitles C and D of the ResoUl'C1! Conservation and Recovery Act. . (iv) Re'ceive and analyze self. monitoring reports and other notices submitted by Industrial Users in accordance with the self-monitoring nlquirements in t 403.12: (v) Randomly sample and analyze the effiuent from Industrial Users and conduct surveillance and inspection activities in order to identify. independent of information supplied by Industrial Usen. occasional and continuing noncompliance with Pretreatment Standards. The results of these activities shall be made available to the Regional Administrator or Director upon request: (vi) Investigate instances of noncompliance with Pretreatment Standards. and Requirements. as indicated in the reports and notices required under! 403.12. or indicated by analysis. inspection. and surveillance activities described in paragMph (f)(21(v) of this section. Sample taking and analysis and the collection of other information shall. be performed with .ufficient care to produce evidence admissible In enforcement proceedings or in judicial actions: and (vii) Comply with the public participation requirements oE4O CFR Part 2S in the enforcement of National Pretreatment Standards. These procedures shall include provision for at least annually providing public notification, in the largest daily newspaper published in the municipality in which the POTW is located. of Industrial Users which. during the- previous lZ months. were significantly violating applicable Pretreatment Standards or other Pretreatment . Requirements. For the purposes of this provisi(ln. a significant violation is a violation which remains uncorrected 45 days after notification of noncompliance: which is part of a pattem of noncompliance over a twelve month period: which involves a failure te accurately report noncompliance: or which resulted in L"-e POTW exercising itl emergency authority under ! 403.8(f)(1)(iv)(B). (3) Fundi.'lg. The POTW shall have sufficient resourees and qualified personnel to carry out the authorities and procedures desc."'ibed in paragraphs (f) (1) and (2) of this section. In some limited circumstances. !u."1ding and personnel may be delayed where (i) the pon^, has adequate legal authority and procedures to carry cut the Pretreatment Program requirements described in this section. and (ii) a limited aspect of the Program does not need to be implemented immediately (see ~ 403.9(b)). f 403.9 POTW ~trutment prOgnlma andI or authorization to revl.. pretre.tment atandarda: IUbmlsalon for appro....L (al Who Approves.Program. A POTW reques~ approval of a POTW Pretreatment Program shall develop a program description which includes the information set forth in paragraphs (b}(1J-{4) of this section. 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 ! 403.11. (b) Contents of POTW program submission.. The program description must contain the following information: (1) A statement from the City Solicitor or a city official acting in a comparable capacity (or the attomey for those POTWs which have independent legal counsel) that the POTW has authority adequate to carry out the programs described. in ! 403.8. This statement shall: (i) Identify the provision of the legal authority under! 403.B(f)(1) which provides.the basis for each procedure under f 403.B(f)(2); (ill Identify the manner in which the POTW will implement the program requirements set forth in ! 403.8, including_the means by which Pretreatment Standards will be applied to individual Industrial Users (e.g.. by order. permit, ot'dinance. contract. etc.)~ and. (ill) Identify how the POTW intenda to ensure compliance with Pretreatment Standards and Requirements. and to enforce them In the event of noncompliance by Industrial. Usen: (2) A copy of any statutes. ordinances. regulations. contracts. agreements. or other authorities relied upon by the POTW 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 POTW Pretreatment Program if approved: (3) A brief description (including organization charts) of the POTW organization which will administer the Pretreatment Program. If more than one agency is responsible for administration L-12 of the Program the responsible agencies should be identified. their respective responsibilities delineated. and L~eir procedures for coordination 5et forth: aud (4) A descripton of the iunding levels and tull- and part-time manpower available to implement the Pro'3fam: (c) Conaitional POTW program approval. The POTW may request conditional approval of the Pretreatment Program pending the acquisition of funding and penonnel for certain elements of the Program. The request for conditional approval must meet the requirements set forth in paragraph (b) of this section except that the requirements of paragraph (b) may be relaxed if the Submission demonstrates that (l) A limited aspect of the Program does not need to be implemented immedia tely; (Z) The POTW had adequate legal authority and procedures to carry out those aspects of the Program which wHl not be implemented immediately; and (3) Funding and persocnel for the Program aspects to be implemented at a later date will be avai!.able when needed. The POTW 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 oE the needed funding and penonnel. lf funding is not acquired by this date. the conditional approval of the POTW Pretreatment Program and any removal ailowances granted to the POTW. may be modified or withdrawn. (dl Content of removal allowance submission. The request for authority to revise categorical Pretreatment Standards must contain the information reqUired in ! 403.7{ dl. (e) Approval authorit'/ action. Any POTW requesting POTW Pretreatment Program approval shall submit to the Approval Authority three copies of the Submission described in paragraph (b). and. if appropriate. (d) of this section. Upon a preliminary determination that the Submission meets the requirements of paragraph (b) and. if appropriate. (d). of this section. the Approval Authority shall: (1) Notify the POTW that the Submission has been received and is under review: and (2) Commence the public notice and evaluation activities set forth in ~ 403.11. (f) Notification where submission is defective. If. after review of the Submission as provided far in paragraph (e) of this section. the Approval Authority deter.nines that the SubmissioR does not comply with the I I I I I I I I I I I I I I I I I I I 9450 Federal R~ster I VoL 48. No. 18 I Wednesday. January 28. 1981 I Rules and Regulations requirements of paragraphs (b) or (cf. and., if appropriate. (d), of this section. the Approval Authority shall provide notice in writing to the applying POTW and each person who has requested individual notice. This notification shall identify an~ defects in the Submission and advise the POTW and each person who has requested indi...;dual notice of the means by which the POTW can comply wUh the applicable requirements of paragraphs (b). (c]. mc1. if appropriate. (d) of this section. (g) Consistency with water quality manrzgement plans. (1) In order to be approved the POTW Pnltreatment Program shall be consistent with any approved. wa.ter quality management plan developed. in accordance with 40 CFR Parts 130, 131. as revisec1 where such 2C8 plan includes Management Agency designations and addresses pl'1'ltreatment in a mann.er consistent with 40 CFR Part 403. In order to assure such cm1Sistency the Approval Authority shall solicit the review and comment of the appropriate Z08 Planning.Agency during the public comment period provided for in t 403.11(bJ(l)(il] prior to approval or disa.pproval of. the Program. (2) Where no Z08 plan has been approved or where a .plan has been approved but law Manal$ement Agency deaignatian& anrll or does not address'pretreatment in a maml81' consistent with this regulatioOt the Approval Authority shall neverthe!esa ..,UCU the review and comment of the appropriate 2D6 planniDg agenq. f 403.10. Deveta~ and autmUuion of NPOES State pretreetment ~ram.. (a) Approval of Slats Programs. No State NPDFS program shall be approved under section 402 of the Act after the effective dated these regulations unless it ia determined to meet the requirements of paragraph (f) of this section. NotwithStanding any other provision of this regulation. a State will be required to act upon those authorities which it cum!ntly possesses before the approval of a State. Pretreatment Program. (b) Deadline for requesting approval. Any NPDES State with a permit program approved under section 402 of the Act prior to December 27. 1971. which requires modification to conform to the ~quirements set forth in paragraph (f) of this section will be required to submit a request for approval of a modified program [hereafter State Pretreatment Program approval] by March 2:7. 19i9 unless an NPDFS State must amend or enact a law to malee-required modifications. in which case the NPDFS State shall request State Pretreatment ProgralOl. approval by March 27. 1980. (c) FaIlure to request approval. The EPA shall exercise the3uthorities available to it to apply ':Uta .eniorce Pretreatment Standartis and Requirements w:til the llecessary implementing action is taken by the Stale. Failure of il Stata to seek approval of a State Pretreatment Program as provided for in paragraph (b) anrl failure of an approved State to administer its State Pretreatment Program in accordance with the requirements of this section constitutes grounds for withdrawal of NPDES program approval under section 402{cl(3) of the Act. (d] Modification Ck:US8 in POTW permits prior to submi3sion deadline. (1) Before thlf submission deadline for State Pretreatment Program approval set forth in paragraph (b) of this section. any Permit issued to a POTW which meets the requirements of ~ 403.8(a) by an NPDFS State without an approved State pretreatment program shall include a modification clause. This clause will require that such Permits be promptly modified or. alternatively. revoked and reissued aiter the submission deadline for State Pretreatment Program approval set forth in (b) of this section to incorporate into the POTW.'s Permit an approved PcrrW Pretreatment Program or a compliance schedule for the development of a POTW Pretreatment Program according to the requirements of I 403.8 (b) and (d) and ~ 403.l2{h]. The following language is an acceptable clause for the purposes of this subparagraph: This permjt ahall be m.odified. or alternatively. revoked and rei4lued. by September rJ, 1979 (or September rJ. 1980. as appropriate) to Incorporate an approved POTW Pretreatment Program or a compliance schedule for the development of a P<YnV PretraatmAmt Program as l'!lquired under section 402(b](8) 01 the Oean Water Act and implementing regulations or by the requirementl 01 the approvad State Pretreatnmnt Program. as appropriate. (2) All Permits subject to the requirementS of paragraph (d)(l] of this section which do not contaili the modification clause refe1Tl!d to in that paragraph will be subject to objection by EPA under section 4OZ{d) of the Act as being outside the guidelines and requirements of the Act. (3) Permits iaaued by an NPDES State aiter the Submission deadline for State Pretreatment Program approval (set forth in paragraph (b 1 of. this section) shall contain conditions of an approved Pretreatment Program or a compliance schedule for developing such a program in accordance with i oW3.8 (b) and (d) and ! 403.lZ(h). L-13 (e} 'Slate Program in lie!) o.tO POTW Program. Notwithstar:.ding me provision of ~ 403.8(a), a State with an approved Pretreatment Program may assume responsibility for ilr.;J!~!!:.el~t.inel the POT'N Pretreat.'D.em Program requirements set forth in ~ 4IJ3.8{f) in lieu of requiring the POny to develop a Pretreatment Prog!3.m. However. this does not preclude POTV\i'" s from independently deveJoping Pret."eatment Programs. (f) Slate Pretreatment Program requirements. In order to be approved. a requestJor State Pretreatment Program Approval must demonstrate that the State Pretreatment Program has the following elements: (1) Legal authority. The Attorney General'sStatement submitted in accordance with subparagraph (gJ(l)(i) shall certify that the Director has authority under State law to operate and enforce the State Pretreatment Program to the extent required by this Part anrl by 40 CFR i 123.9. At a minimum. the Director shall have the authority to: (i) Incorporate-POTW Pretreatment Program conditions into permits issued to POTW's: require compliance by POTW's with these incorporated permit conditions: and require compliance by Industrial Users with Pretreatment Standards: (ill Ensure continuing compliaru:a by POTW's "'lith pretreatment condition" incorporated into the POTW Permit through review of monitoring reports submitted to the Director by the POTW in accordance with I 403.12 and ensure continuing compliance by Industrial Users'with Pretreatment Standards through the review of self-monitoring reports submitted to the POTW or to the Director by the Industrial Users in accordance with ~ 403.12; (ill) Carry out inspection. surveillance and monitoring procedures which will determine. independent of information supplied by the POTW. compliance or noncompliance by the POTW with pretreatment conditions incorportated into the POTW Permit: and carry out inspe{;tiOlJ, surveillance a.'1d monitoring procedures which will determine. independent of information supplied by the Industrial User. whether the Industrial User is in compliance with Pretreatment Standards; (iv) Seek civil and criminal penalties. and i::1junctive relief. for noncompliance by the POTW with pretreatment conditions incorporated into the POnv Pem1it and for noncompliance with Pretreatment Standards by Industrial Users as set forth in 1 403.8(f)(1)(vi). The Director shall have authority to seek judicial ~lief for noncompliance by Industrial Users even when the POTW I I I I I I I I I I I I I I I I I I I Federal Register / Vol. 46. No. 18 / Wednesday. January 28. 1981 / Rules and Regulations 9451 has acted to seek such relief (e.g.. if the POTW has souSJht a penalty which the Director fInds to be insufficient): (v) Approve and deny requests for approval of POT'N Pretreatment Programs submitted by a POTW to the Director: (vi) Deny and recommend approval of , (but not approve) requests for Fundamentally Different Factors variances submitted by Industrial Users in accordance with the criteria and procedures. set fox:th in !.403.13:'and (vii) Approve and deny requests for authority to modify categorical Pretreatment Standards to reflect removals achieved by the PaTW in accordance with the criteria and procedures set forth in ! f 403.7. 403.9 and 403.11. _ (2) Procedures. The Director shall have developed procedures to carry out the requirements of sections 3f11 (b) and (c), and 402{b)(1). 402{b)(2). 402(b)(8). . and: 402{b )(9) of the Act. At a minimum. these procedures shall enable the Director to: (1) Identify POTW's required to develop Pretreatment Programs in accordance with ! 403.8(a) and QOtify these POTIN's of the need to develop a POTW Pretreatment Program. In the absence of a POTW Pretreatment Program. the State shall have , procedures to carry out the activities set forth in ! 403.8(0(Z): (ii) Provide technical and legal assistance to POTlN's in developing Pretreatment Programs: (ili) Develop compliance schedules for inclusion in POTW Permits which set forth the shortest reasonable time' schedule for the completion of tasks needed to implement a POTW Pretreatment Program. The fUlal compliance dale in these schedules shall be no later than July 1. 1983; (iv) Sample and analyze:. (A) Influent and effluent of the POTW to identify, independent of infoRDation supplied by the POnY, compliance or noncompliance with pollutant removal levels set forth in tb,e POTW permit (see ! 403.7); and (B) The contents of sludge !'rom the POTW and methods of sludge disposal and use to identify, independent of information supplied by the POTW. compliance or noncompliance with requirements applicable to the selected method of sludge management: (v) Investigate evidence of violations of pretreatment conditions set forth in the POTW Permit b~r taking samples and acquiring other information as needed; This data acquisition shall be performed with sufficient care as to produce evidence admissible in an enforcement proceeding or in court (vi) Review and approve requests for approval of POnY Pretrea tment Programs and authority to modify categorical Pretreatment Standards submitted by a POnY to the Director: and (vii) Consider requests for Fundamentally Different Factors variances submitted by Industrial Users in accordance with the criteria and procedures set forth in ! 403.13- (3) Funding. The Director shall assure that funding and qualified penonnel are available to carry out the authorities and procedures described in paragraphs {f)(t} and (Z) of this section.. (g) Conunt of Slate Pretl'flatment Program Submission. The request for State Pret1'8atment Program approval will COlUist of: (1) (1) A statement !'rom the State Attorney General (or the Attorney for those State agendes which. have independent legal counsel) that the laws of the State provide adequate authority to implement the t8quirements...of th.ia- ParL Thlt authorities dted by the Attorney General in this statement shall bem the form of lawfully adopted State statutes 01"regulations which shall be effective by the time of approval of the State Pretreatment Program: and (il) Copies. of all State statutes and regulations dted in the above statement: (ill) Notwithstanding paragraphs (g}(ll{1) and {ll} of this section. if the State has the statutory authority to implement the requirements of this Part. and if the State at the time of subinia8ion of this request has an approved NPDES Program. then regulations setpng forth the requirements of this section need not be promulgated by the State if the Administrator finds that the State has submitted a complete description of procedures to administer its program in conformance with the requirements of this sectiom States without an approved NPDES program will be required to comply with the requirements of paragraphs (g)('1)(I) and (ii) of this section. (2} A descrip-tion of the fundingJevels and full- and part-time personnel available to implement the program: and (3t Any modifications or additions to the Momorandum of Agreement (required by 40 CFR 123.8} which may be neces8ary for EJ:l A and the State to implement the requirements of this Part. (n) EPA Action. Any approved NPDES State requesting State Pretreatment Program approval shall submit to the Regional Administrator three copies of the Submission described in paragraph (g) of1his section. Upon a preliminary determination that the Submission L-14 meets the requirements of paragraph (g) the Regional Administrator shall; (1) Notify the Director that the Submissien has been received and is under review: and (2) Commenc~ the program revision process set out in 40 CFR ~ I23.~3. For purposes of that section all requests for approval of State Pretreatment Programs shall be deemed substantial program modificatiolU. A comment period of at least 30 days and the opportunity for a heari,ng shall be afforded the public en all such P1OPosed program revisions. (1) Notification where submission is defective. II. after review of the Submission a8 provided for in paragraph. (h) of this sectien. EPA determine:! that the Submission does net comply with- the requirements of paragraphs (0 or (g) of this section EP A shall so notify the applying NPDES State in 'N!iting. This notificatien shall identify any defects in the Submission and advise the NPDES State of the means by which it C'''\D comply with the requirements of this Part. f ~ 11 Appro.,. Pt'ocedures for POTW PNtratment Programs and POTW ReWNon 01 Categorlcal Pretreatment Standard&. The follewing procedures shall be adopted in approving or denying requests for approval of POTW Pretreatment Programs and revising Categorical Pretreatme~t Standards. including requests for authorization to grant conditional revised discharge limitations and provisional limitations: (a) Deadline for review 01 submission. The Approval Authority shall have 90 days !'rom the date of public.netice of any Submission complying with the requirements of ~ 403.9(b) and. where removal allowance approval is sought. with!! 403.7(d) and 403.9(d). to review the Submission. The Approval Authority shall review th~ Submission to determine cempliance with the requirem.ents of ! 403.8(b) and (f). and. where removal allowance approval is sought. with,} 403.7(aHe) and (g). The Approval Authority may have up to an additienal 90 days to complete the evaluation of tke Submission if the public comment period provided, for in paragraph (b){l}(ii) of this section is extended beyond 30 days or if a public hearing is held as provided for in paragraph (b)(Z) of this section-In no event. however, shall the time for evaluation of the Submission exceed a total of 180 days !'rom the date of public notice of a Submission meeting the requirements of ! 403.9(b) and. in the case of removal allowance application. ~! 403.7(d) and 403.9(d). (b) Public notiC8 and opportunity for hearing. Upon receipt of a Submission I I I I I I I I I I I I I I I I I I I US2 Federal Register I Vol. 46, No. 18 I Wednesday, January 28. 1981 I Rules and Regulations the Approval Authority shall commence its. review. Within 5 days after making a determination that a Submission meets the requirements of ~ 403.9(b}. and, where removal allowance approval is sought. ~ ~ 403.7{d) and 403,9(d). or at such later time under ~ 403.7{c) that the Approval Authority elects to review the removal allowance Submission. the r\pproval Authority shall: (1) Issue a public notice of request for approval of the Submission: (i) Thia public notice shall be circulated in a manner designed to inform interested and potentially interested persons of the Submission. Procedures for the circulation of public notice shall include: (A) Mai.ling notices of the request for approval of the Submission to designated 208 planning agencies. Federal and State fish. shellfislr. and wildlife resource agencies: and to any other person or group who has requested individual notice. including' those on' appropriate mai.ling lists: and (B) Publication of a notice of request for approval 'of the Submission in. the largest daily newspaper within the jurisdiction(s) served by the POTW. (ii) The public. notice shall provide a period of not less than 30 days- following the date of the public notice during which time interested persons may submit their written views on the Submission. (ill) All written comments submitted during the 30 day comment period shall be retained by the Approval Authority a:l.d considered in the decision on whether or not to approve the Submission. The period for comment may be extended at the discr1!tion of the Approval Authority; arid (2) Provide an opportunity for the applicant..any affected State. any interested State or Federal agency. person or group of persons to request a public hearing with respect to the Submission. (I) This request for public hearing shall be filed within the 30 day (or extended) comment period described in paragraph (b}(l.)(ii) of this section and shall indicate the interest of the person filing such' request and the reasons why a hearing is warranted. (ii) The Approval Authority shall hold a hearing if the POTW ~o requests. In addition. a- hearing will be held if there is a significant public interest in issues relating to whether or not the Submission should be approved. Instances of doubt should be resolved in favor of holding the hearing. (Ui) Public notice of a hearing to consider a Submission and sufficient to inform interested parties of the natura of the hearing and the right to participate shall be published in the same newspaper as the notice of the original request for approval of the Submission under paragraph (b )(lJ(i)(B) of this section. In addition. notice of the hearing shall be sent to those persons requesting individual notice. (3) Whenever the approval authority elects to defer review of a submission which authorizes the POTW to grant conditional revised discharge limits undlU' ~ 403.7{b)(2) and 403.7(c). the Approval Authority shall publish public notice of its election in accordance with paragraph (b)(1) of this section. (c) Approval authority decision. At the end of the 30 day (or extended} comment period and within the 90 day (or extended) period provided for in paragraph (a)-ofthis section. the Approval Authority shall approve or deny the Sub~sion based upon the evaluation in paragraph (a) of this section and taking into consideration comments submitted during the comment period and the record of the public hearing. if held. Where the Approval Authority makes a determination to deny the request. the Approval Authority shall so notify the POTW and each person who has requested indiVidual notice. This notification shall include suggested modifications and the Approval Authority may allow the reEl.uestor additional time to bring the Submission into compliance with applicable requirements., (d) EPA objection to Director's decision. No POTW pretreatment program or authorization to grant removal allowances shall be approved by the Director if following the 30 day (or extended) evaluation period provided for in paragraph (b)(l)(ii) of this sltction and any hearing held pursuant to paragraph (b)(2) of this section the Regional Administrator sets forth in writing objections to the approval of such Submission and the reasons for such objections. A copy of the R~onal Administrator's objections shall be provided to the applicant. and each person who has requested individual notice. The Regional Administrator shall provide an opportunity for written comments and may convene a public hearing on his or her objections. Unless retracted,. the Regional Administrator's objections shall constitute a final ruling to deny approval of a POTW pretreatment . program or authorization to grant remova:l allowances 90 days after the date the objections are issued. (eJ Notice of decision. The Approval Authority shall notify those persons who submitted comments and-participated in the public hearing. if held. of the L-15 approval or disapproval of the Submission. In addition. the Approval Authority shall cause to be published a notice of approval or disapproval in the same newspapers as the original notice of request for approval of the Submission was published. The Approval Authority sn'lll identify in any notice of POTW Pretreatment Program approval any authorization to modify categorical Pretreatment Standards which the POTW may make. in accordance with 1.403.7, for removal of pollutants subject to Pretreatment Standards. (f) Public access to submission. The Approval Authority shall ensure that the Submission and any comments upon such Submission are available to the public for inspection and copying. f 403.12 Reporting raql.llrements for POTW"sand Industrlaj uaen. (a) Definition. The term "Control Authority" as it is used in this section refers to: (1) The POTW if the POTW's Submission for its pretreatment program (! 403.3(t}(1)) has been approved in accordance with the reoui.:-ements of ~ 403.11: or (2) the Approval Authority if the Submission has not been approved. (b) Reporting requirement for industn'al users upon effective date of categorical pretreatment standard- baseline report. Within 180 days after the effective date of a categorical Pretreatment Standard. or 180 davs after the final administrative decision ;'ade upon a category determination submission under ~ 403.6(a)(4). whichever is later. existing Industrial Users subject to such categorical Pretreatment Standards and currently discharging to or scheduled to discharge to a POTW shall be required to submit to 'the Control Authority a report which contains the inIormation listed in paragtaph (b)(lH7) of this section. Where reports containing this information already have been submitted to the Director or Regional Administrator in compliance with the requirements of 40 CFR 128.140(bJ. the Industrial user will not be required to submit this information again. New sources shall be required to submit to the Control Authority a report which contains the information listed in paragraphs (b)(lH5) of this section: (1) Identifying information. The User shall submit the name and address of the facility including the name of the operator and owners: (2) Permits. The User shall submit a list of any environmental control permits held by or for the facility. (3) Description of operations. The User shall ,ubmit a brief description of the nature. avera~e rate of production. I I I I I I I I I I I I I I I I I I I Federal Register I Vol. 46. No. 18 / Wednesday, January 28. 1981 I Rules and Regulations 9453 and Standard Industrial Classification of the operation(s) carried out by such Industrial User. This description should include a schematic process diagram which indicates points of Discharge to the POTW from the regulated processes. (4) Flow measurement. The User shall subutituuormationsho~ngthe measured average daily and maximum daily flow, in gallons per day. to the POTW from each of the following: - (i) reguLated procesl streams; and lil) other streams as neeenary to allow UH of the combined wastestream formula of I 403.8( e). (See paragraph (b)(S){v) of thi. sect1on.) The Control Authority may allow Cor verifiable estimates of these flows where' justified bY-COlt or feasibiHty considerations. (5) Measurement of Pollutants. (i) The user shall identify the Pretreatment Standards applicable to each regulated proctlSS; (Ii) In addition. the User shall subutit the results of sampling and analysis identifying the nature and concentration (or mass. where requireaby the Standard. or- Control Authority) of regulated pollutants -in the Discharge from ea~ regulated process. Both daily maximum and average concentration (or mass. where required) shall be reported. . The sample shall be. representative of daily operations; (ill) Where feasible. samples must be obtained through the flow.proportional composite sampling techniques specified in theappllcable categorical Pretreatment Standard. Where composite sampling is not feasible. a grab sample is acceptable; (iv) Where the flow. of the strum being sampled is lesa than or eqi1al to 950,000 liters/day (approximately 250.000 gpd). the User must take three samples within a two-week period. Where the flow of the stream be~' sampled is greater than 950.000 liters/ day (approxlmatery 2&1.000 gpd}. the User must take six samples within a. two-week period; (v) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream frOm the regulated process if no pretreatment exists. Irother wastewaters are mixed ~th the regulated wastewater prior to pretreatment the User should measure t~e flows and concentrations necessary to allow use of the combined wastestream formula of ~ 403.6{e} in order to evaluate compliance with the Pretreatment Standards. Where an alternate coocen-tratio.n or mass limit has been calculated in accordance with ! 403.5(e) this adjusted limit along ~th supporting data shall be Bubutitted to the Control Authority. (vi) Sampling and analysis shail be oerformed in accordance with the techniques prescribed in 40 CFR Part 136 liod amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question. or where the Administrator determines tha&. the Part 138 sampling and analytical techniques al'e inappropriate for the pollutant in question. sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures. including procedures suggested by the POTW or other parties. approved by the Administrator; (vii) The Control Authority may allow the submission of a baseline report which utilizes only historical data so long aa the data provides information sufficient to determine the need for industrial pretreatment measures; (viii) The baseline report shall indicate the. lime. date and place. of sampling. and methods of analysis. and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant Discharges to the POTW: (6) Certification. A statement, reviewed by an authorized representative of the Industri.al User (as defined in subparagraph (k)of this section)' and certified 10 by a qualified professionak indicating whether Pretreatment Standax:ds are being met on' a; consistent basis. and. if not. whether-additional operation and maintenance (0 and M) and/or additional pretreatment is required Cor the Industrial User to meet the Pretreatment Standards and Requirements; and (7J Compliance Schedule. If additional pretreaqnenland/or 0 and M will be required to meet the Pretreatment Standards: the shortest schedule by which the Industrial User will provide such additional pretreatment and/or 0 and M. The completion date in this schedule shall not be later than the complia!,-ce date-established for the applicable Pretreatment Standard. (i) Where the Industrial User's categorical Pretreatment Standard has been modified by a removal allowance (5403.7). the combined wastestream formula (! 4OO.6{e)}, and/ or a Fundamentally Different Factors variance (I 403.13) at the time the User submits the report required by paragraph (b) of this section. the information required by paragraphs (b)(8) and (7) of this section shall pertain to the modified limits. L-16 (ii) If the categorical Pretreatment Standard is modified by a removal aUowance (1403.7), the combined wastestream formula (~40J.5{e)). and/or a Fundamentally Different Factors . variance (I 403.13) after the User submits the report required by paragraph (b) of this section. any necess~j' amendments to the information requested b.y paragraphs (b)(6) and (7) of this section shall be submitted by the User to the Control Authority ~thin 60 days after the modified limit is approved. (cl ComplianCtJ Schedule for Meeting Categorical Pretreatment Standards. The following conditions shall apply to the schedul& reqllired by paragraph (b )(7) of this section: (1) The schedule shall contain increments of progress in the form of dates for the commencement and completion of-major events leading. to the construction and operation of additional pretreatment required for the Industrial User to meet the applicable categorical Pretreatment Standar.ds (e.g.. hiring an engineer. completing preliminary plans. completing final plans. executing contract for major components.. commencing construction. completing construction. etc.). (2) No increment referred to in paragraph (c)(l) of this section shall exceed 9 months. (3) Not later than 14 days following eaelL date in the schedule and the final date for compliance. the Industrial User shall subutit a progress report to the Control Authority including. at a minimum. whether or not it complied ~th the increment of progresa to be met on such date and. if not. the date on which it expects to comply ~th this increment of progress. the reason for delay. and the steps being taken by the Industrial User to return the construction to the schedule established. In no event shall more than 9 months elapse between such progress reports to the Control Authority. (d) Report on compliance with categorical pretreatment standard deadli(1e. Within 90 days following the date for final compliance with applicable categorical Pretreatment Standards or in the case of a New Source foHowing commencement of the introduction of wastewater into the ron^" any Industrial User subject to Pretreatment Standards and Requirements shall submit to the Control Authority a report indicating the nature and concentration of all pollutants in the Discharge from the regulated process which are limited by Pretreatment Standards and Requirements and the average and maximum daily flow for these process I I I I I I I I I I I I I I I I I I I !hS4 Federal Register I Vol. 46, No. 18 I Wednesday. January 28. 1981 I Rules and Regulations units in the Industrial User which are limited by such Pretreatment Standards and Requirements. The report shall state whether the applicable Pretreatment Standards or Requirements are being met on a consistent basis and. if not. what additional 0 and M and/or pretreatment is necessary to bring the Industrial User into compliance with the applicable Pretreatment Standards or Requirements. This statement shall be sign~ by an authorized representative of the Industrial User, as-defined in p81'agraph (k) of this section.. and certified to by a qualified professional.. (e) Periodic reports on continued compliance. (1) Any Industrial User subject to a categorical Pretreatment Standard. aIterthe compliance date of IUch Pretreatment Standard. or, in the case of a New Source. after commencement of the discharge into the POTW. shall submit to the Control Authority during the months of June and December, unless required more frequently in the Pretreatment Standard or by the Control Authority or the Approval Authority. a report indicating the nature and conceatration of pollutants iri. the effiuent which are limited by such categorical Pretreatment Standards. In addition. this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the . Discharge reported in paragraph (b)(4) of this section except that the Control Authority may require more detailed reporting of flows. At the discretion of the Control Authority and in consideraton of such factors as local high or low flow rates. holidays. budget cycles. etc.. the Control Authority may agree to alter the months during which the above reports are to be submitted. (2) Where the Control Authority has imposed mass limitations on Industrial Users as provided for by ! 403.8( d). the report required by paragraph (e)(l) of this section shall indicate the mass of pollutants regulated by Pretreatment Standards in the DischargeJrom the Industrial User. (f) Notice of slug loadL'1g. The Industrial User shall notify the POT\V immediately of any slug loading. as defined by! 403.5(b)(4). by the Industrial User. (g) Monitoring and analysis to demonstrate continued compliance. The reports required in l'81'agraphs (b](S). (d). and (el of this section shall contain the results of sampling and analysis of the Discharge, including the flow and the nature and concentration. or production and mass where requested by the Control Authority, of pollutants contained therein which are limited by the applicable Pretreatment Standards. The frequency of monitoring shall be prescribed in the applicable Pretreatment Standard. All analyses shall be performed in accordance with procedures established by the Administrator pursuant to section 304(g) of the Act and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with ilia techniques approved by the Adminiatrator. Where 40 CPR Part 136 does not include sampling or analytical" techniques for the pollutants in question. or where the Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question. sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures. including procedures suggested by the POTW or other parties. approved by the Administrator. (h) Compliance schedule for POTW's. The following conditions and reporting requirements shall apply to the compUance schedule for development of an approvable POTW Pretreatment Program required by 4 403.8- (1) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the development and implementation of a POTW Pretreatment Program (e.g.. acquiring required authoritiesr developing funding mechanisms. acquiring equipment); . (2). No increment referred to. in . paragraph (h)(1) of this section shall exceed nine months: (3) Not later than 14 days following each date in the schedule and the final date for compUance. the POTW shall submit a progress report to the Approval Authority including. as a minimum. whether or not it complied with the increment of progress to be met on such date and. ilnot,the date on wbich it expects to comply with this increment of progress. the reason for delay. and the steps taken by the POTW to return to the schedule established. In no event shall more than nine months elapse between such progress reports to tha Approval Authority. (i) Initial POTW report on compliance with approved removal allowance. A POTW which has received authorization to modify categorical Pretreatment . Standards for pollutants removed by th~ POTW in accordance with the requirements of .~ 403.7 must submit to the Approval Authority witb..in 60 days after the effective date of a Pretreatment Standard for whi('.h authorization to modify has been approved. a report L-17 which contains the information required by U 403.7(dJ(2). 403.7(dJ(S) and 403.7(d)(6). A minimum of one sample per month during the reporting period is reQuired. 0) Periodic repons by POTW to demonstrate continued compliance with removal allowance. The reports referred to in paragraph (i) of this section will be submitted to the Approval Authority at 6-month intervals beginning with the submission of the initial report referred to in paragraph (i) of this section unless required more frequently by the Approval Authority. (k) Signatory requirements fo1'- industriallJ3er reports. The reports required by paragraphs (b). (d). and (e). of this section must be signed by Q1l . authorized representative of the Industrial User. j\l1 authorized representative may be: (1) A principal executive officer of at least the level of vice president. if the Industrial User submitting the repo!'ts required by puagraphs (b). (d) and (e) of this section is a corporation. (2) A general partner or proprietor if the Industrial User submitting the report required by paragraphs (b). (d) and (e) of this section is a partnership or sole proprietorsbip respectively. (3) A duly authorized representative of the individual designated in subparagraph (1) or (2) of this paragraph if such representative is responsible for the overall operation of the facility from which the Indirect Discharge originates. (l} Signatory requirements for POTW reports. Reports submitted to. the Approval Authority by the POTW in accordance with paragraphs (h). (i) and (j) of this section must be signed by a principal executive officer. ranking elected official or other duly authorized employee if such employee is responsible for overall operation of the POTW. (m) Provisions governing fraud and false statements. The reports required . by paragraphs (b). (d). (e). (h). (i) and OJ of this section shall be subject to the provisions of 18 U.S.C. section 1001 relating to fraud and false statements and the provisions of section 309(c)(2) of the Act governing false statements. representations or certifications in reports required under the Act (n) Record.keeping requirements. (1) Any Industrial User and POTW subject to the reporting req'Jirements established in this section shall maintain records of all i.:1.fcrmation resulting from any mcnitor'.ng activities required by this section. Such records shall include ror all samoies: . (i) The date. exact place. method. and time of sampling and the names of t.'1e person or persons taking the samples: I I I I I I I I I I I I, I I I I I I I Federal Register I Vol. 46. No. 18 I Wednesday, January 28. 1981 I Rules and Regulations 9455 (il) The dates analyses were performed: (Iii) Who performed the analyses: (Iv) The analytical techniquesl methods use:.and (v) The results of such analyses. (2) Any Industrial User or POTW subject. to.the reporting requirements established In this section shall be required to retain -for a mi:1imurn of 3 years any records of rnonitorir.g activities and results (whether or not such monitoring activities are required .by. this section) and shall make such recorda availabl. for inspection and copying by the Director and the Regional Administrator (and POTW In the case of an Industrial User}. This period of retention shall be extended during the course of any unresolved Utigation regarding the Industrial User or POTW or when requested by the Director or the Regional Administrator. (3) Any POTW to which reports are submitted by an Industrial Us~r pursuant to paragraphs (b.J. (d]. and (e) of this section shall retain such reports for a minimum of 3 years and shall make such reports available for inspection and copying by the Director and the .RegionalAdministrator. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the Industrial User or the operation of the POTW Pretreatment Program-or when requested by the Director or the Regional Administrator. f ..03;13 Vart;u1cM from categortcaJ po vb..anent standards tor fundamentaly different f3ctors. (a) Uefinition. The term "Requester" mea>> an Industrial User or a POTW or ather interested person seeking a variance' from the limits spedfied in a categorical Pretreatment Standard. (b) Purpose and scope. In establishing categorical Pretreatment Standards for existing sources. the EP A will talee into account all the Information it can collect, develop and solicit regarding the factors relevant to pretreatment standarda under section 307{b). In some cases, Informa tion which may affect these Pretreatment S1andards will not be available or. for other reaSOM. will not be cOMidered during their development. A.s a result, it may be. necessary OD a case-by-ease basis to adjust the limits in categorical Pretreatment Standards. making them either more or Jess stringent. as they apply to a certain Industrial User within an industrial category or subcategory. This will only be done if data specific to that Industrial User Indicates it presents factors fundamentally different from those considered by EPA in developing the limit at issue. Any Interested person believing that factors relating to an Industrial User are fundamentally different from the factors considered during develop~ent of a categorical Pretreatment Standard applicable to that User and further. that the existence 'of those factors justifies a different discharge limit from that specified In the applicable categorical Pretreatment Standard. may request a fundamentally different factors variance under this section or such' It variance request may be Initiated by tfie EPA. (c) Criteria.-{I) General criteria. A request for It vari~lnce based upon fundamentally different factors shall be approved only if: (I) There is an applicable categorical Pretreatment Standard which specifically controls the pollutant for which alternative limits have been requested: and (iil Factors relating to. thl! discharge controUed by the categorical Pretreatment Standard are fundamentally different from the factors considered by EPA in establishing the Standards; and (Iii) The request for a variance is made in accordance with the procedural requirements in paragraphs (g) and (h) of this section. (2) Criteria applicable to less string~'1t limits. A variance request for the establishm~nt of limits less stringent than required by the Standard shall be approved only if: (i) The altematin limit requested is no less stl.'".ngent than justified by the . fundamental difference; (Ii) The alternative limit will not result in a violation of prohibitive discharge standards. prescribed by or established under t 403..5; (ill) The alternative limit will not result in a non-water quality environmental impact (including energy requirements) fundamentally more adverse than. the impact considered during development of the Pretreatment Standards; and (iv) Compliance with- the-Standards (eitheibyusing the technologies upon which the Standards are based or by using other control alternatives) would result In either: (A) A removal cost (adjusted for Inflation) wholly out of proportion to the removal cost considered during development of the Standards: or (BJ A non-water quality environmental impact (including energy req:1irements) fundamentally more adverse than the imoact considered during development" of the Standards. (3) Cn'teria applicable to more stringent limits. A variance request fer the establishment of limits more . L-18 stringent than required by the Standards shall be approved only if: (iJ The alternative limit request is no more strin~ent than justified by the fundamental difference: and (iiJ Compliance with the alternative limit would cot result in either: (A) A rer:loval cost (adjusted for inflation) wholly out of proportion to the removal cost considered during deveiopment of the Standards; or (El A non-water quality environmental impact (Including energy requirements) fundamentally more adverse than the impact considered during development of the Standards. (dJ Factors considered fundamentally different. Factors. which may be considered fundamentally different are: (1) The nature or quality of pollutants contained in the raw waste load of the . Uset's process wastewater: (2) The volume of the User's process wastewater and effluent discharged: _ (3) Non-water quality environmental impact of control and treatment of the User's raw waste load: (4) Energy requirements of the application of control and treatment technology.' (5) Age. size. land availability, and . configuration as they relate to the User's equipment or facilities: processes employed: process. changes; and engineeri:lg aspects of the application of control technology; (6) Cost of compliance with required control technology. (e) Factors which will not be considered fundamentally different. A variance request or portion- of such a request under this section may not be granted on any of the following grounds: (1) The feasibility of Installing the required waste treatment equipment. within the' time the Act allows: (2) The assertion that the Standards ca:mot be achieved with the appropriate waste treatment facilities installed. if such assertion is not based on factors listed In paragraph (d] of this section: (3) The User's ability to pay for the required waste treatment: or (4) The impact of a Discharge on the quality of the POTW's receiving waters. m State or local law. Nothing In this section shall be construed to imoair the right of any state or locality und"er section 510 of the Act to impose more stringent limitations than required by Federal law. (gJ Application deadline. (1) Request3 for a variance and supporting Information must be submitted in writing to the Director or to the Enforcement Division Director. as appropriate. . (2) In order to be con3idered. request for variances must be submitted within I I I I I I I I I I I I I I I I I I I 9458 Federal Register I Vol. 46. No. 18 I Wednesday, January 28. 1981 I Rules and Regulations - 180 days after the effective date of the categorical Prt!treatment Standard unless the User has reque:lted a categorical determination pl,U'suant to S 403.6( a). (3) Where the User has requested a cate:-gorical determination pursuant to t 403.6(a). the User may elect to await the results of the category determination before submitting a variance request under this section. Where the User so el~ he or she must submit the variance request within 30 days after a final decision has been made on the categorical determination pursuant to 1403.6{a)(4). - (h) Contents of submission. Written Submissions for variance request, whether made to the Enforcement Division Director or to the Director must- Include: - - (1) The name and address of the person making the request: (2) Identification of the interest of the Requester which is affected by the categorical Prt!treatment Standard for which the variance is requested: (3) Identification of the POTW currently receiving the weste from the Industrial User for which alternative discharge limits are requested: - (4).Identification of the categorical Prt!treatment Standards which are applicable to the Industrial User; . (5)-A list of each pollutant or pollutant parameter for which. an alternative discharge limit is sought: - . - (6) The alternative discharge limits proposed by the Requester for each pollutant or pollutant parameter identified in item (5) of this paragraph: (7) A description of the Industrial User's existing water pollution control facilities: (8)-A schematic flow representation of the Industrial User's water system including water supply. process wastewater systems. and points of Discharge: and (9) A Statement offacts clearly establishing why the variance request should be approved. including detailed support data. documentation, and evidence necessary to fully evaluate the merits of the request. e.g~ technical and economic data collected by the EPA and. used in developing each pollutant discharge limit in the Pretreatment Standard. (i) Deficient requests. The Enfon:ement Division Director or Director will only act on written requests for variances that contain all of the information required. Persons who have made incom"lete Submissions will be notified by the 'Enforcement Division Director or Director that their requests are deficient and unless the time period is extended. will be given up to 30 days to correct the deficiency. If the deficiency is not corrected within the time period allowed by the Enforcement Division Director or the Director. the request for a variance :;hall be denied. OJ Fublic notice. Upon receipt of a cemplete requ.est. the Director or Enforcement Division Director will provide notice of receipt. opportunity to review the submission. and opportunity to comment. . (1) The public. notice shall be circulated in a manner designed to inform interested and potentially interested persons of the request. Procedures for the circulation of public notice shall include mailing notices to: (i) The POTW into_ which the Industrial User requesting the variance discharges: (ii) Adjoining States whose waters may be affected: and (ill) Designated 208 planning agencies. Federal and State fish. shellfish and wildlife resource agencies: and to any other person or group who has requested individual notice. including those on appropriate mailing lists. (2) The public notice shall provide for- a period no~less than 30 days following the date of the public notice during which time interested persons may revie~ the request and submit their written views on the request. (3) Following the comment period. the Director or Enfon:ement Division Director will make a determination on the request taking into consideration any comments received.. Notice of this final decision shall be provided to the requestor (and the Industrial User for which the variance is requested if different). the POTW into which the Industrial User discharges and all persona who submitted comments on the request. (k) Review of requests by state. (1) - Where the Director finds that fwidamentally different factors do not exist. he may deny the request and notify the requester (and bdustrial User where they are not the same) and the _ POTW of the denial. (2) Where the director finds that fundamentally different factors do exist. he shall forward the request, and a recommendation that the request be approved. to the Enforcement Division Director. (l).Review of requests by EPA. (1) Where the Enfon:ement Division Director finds that fundamentally different factors do not exist.. he shall deny the request for a variance and send a copy of his determination to the Director. to the POTW. and to the Requester (and to the Industrial User, where they are not the same). L-19 (2) Where the Enforcement Division Director finds that fundamentally different factors do exist. and that a partial or full-variance is justified. he wt11 approve the variance. In approving the 'fariance. the Enforcement Division Director wHI: (i) Prepare recommended alternative discharge limits for the Industrial User either more or less stringent than those prescribed by the applicable categorical Pretreatment Standard to the extent warranted by the demonstrated fundamentally different factors: (ii) Provide the following information in his written determination: (A) the recommended alternative discharge limits for the Industrial User concerned: - (8) the rationale for the adjustment of the Prt!treatment Standard (including the E.,forcement Division Director's reasons for recommending that a fundamentally different factor variance be. granted) and an e:(planation. of how the Enfon:ement Division Director's recommended alternative discharge limits were derived: _ (C) the supporting evidence submitted . to the Enforcement Division Director; and (0) other information considered by the Enforcement Division Director in developing the recommended alternative discharge limits: (ill) Notify the Director and the POTW of his or-her determination: and (iv) Send the information described in paragraphs (1)(2) (i] and (il) above to the Requestor (and to the Industrial User . where they are not the same). (m) Request for hearing. (1) Within 30 days following the date of receipt of- notice of the Enforcement Division Director's decision on a variance request, the Requester Or any other interested person may submit a petition to the Regional Administra tor for a hearing to reconsider or contest the decision. If such a request is submitted by a person other than the Industrial User the person shall Simultaneously serve a copy of the request on the Industrial User. (2) II the Regional Administrator declines to hold a heari118 and the Regional Administra tor affirms the Enforcement Division Director' 3 fmdings. the-Requester may submit a petition for a hearing to tile- Administrator within 30 da...-s afthe Regional Administrator's decision. ~ 403.14 Confldentlallty. (a) EP.4. authorities. In accordance with 40 CFR Part Z. any information submitted to EPA pursuant to these regulations may be claimed as coniidential by the submitter. Any such I I I I I I I I I I I I I I I I I I I Federal Register / Vol. 46. No. 18 / Wednesday. January 28. 1981. / Rules and Regulations 9457 claim must be asserted at the time of submission in the manner prescribed on the application form or instructions. or, in the case of other submissions. by stamping the words "confidential business information" on each page cont"ai.'1ing such information. If no claim is made at the time of submission. EPA may make the information available to the public without further notice, Ii a claim is asserted. the information will be treated in accordance with- the' procaduresin 40 CFR Part 2 (Public -Information). - (b) Effluent data. Information and data provided to the Control Authority pursuant to this part which is effluent data shall be available to the- public without restriction. (c) State or POTW. All other informlrtion which is submitted to the State- or POTW shall be available to the public at least to the extent provided by 40 CFR f 2..302. ! 403.15 NeUGlo.. calculation. Categorical Pretreatment Standards may be adjusted to reflect the presence of pollutants in the Industrial Users' intake water in accordance with the provisions of paragraph (aHd) below: (a) Application deadline and contents. Any Industrial User wishing to obtain a credit for intake pollutants must make application therefore within 60 days after the effective da.te of the applicable -categorical Pretreatment Standard. Application shall be made to the appropriate Enforcement Division Director. Upon request of the Industrial User. the applicable Standard will be calculated on a "net" basis. Le.. adjusted to reflect credit for pollutal'1ts in the intake water, if the User demonstrates that: (1) Its intake water is drawn from the same body of water into which the discharge from its publicHy owned treatment works is made; (2) The pollutants present in the intake water will not be entirely removed by the treatment system operated by the User. (3) The pollutants in the intake-water do not vary chemically or biologically from the pollutants limited by the applicable Standards; and (4) The User-does not significantly inenase concentrations of pollutants in the urtake water. even if the total amount of pollutants remains the same. (b) Criteria. Standards adjusted under this paragraph shaU be calculated on the basis of the amount of pollutants- present after-any treatment steps have been performed on the intake water by ~r for the Industrial User. Adjustments , under this se-ction shall be given only to the extent that pollutants in the intake water which are limited by the Standard are not removed by the treatment technology employed by the User. (e) Notice. The User shall notify the Regional Enforcement Officer if there are any significant changes in the quantity of the pollutants in the intake water or in the level of treatment provided. . (d) EP.i decision. Tne Enforcement Division Director shall require the User to conduct additional monitpring (i.e.. for flow and-concentration of pollutants) as necessary to determine continued eligibility for and complianca with any adjustments. The Enforcement Division Director shall consider all !imely applications for credits. for intake pollutants plus any additional evidenca that may have been submitted in response to the EPA's request. The Enforcement Division Director shall then make a written determination of the agplicable credit(s). if any. state the reasons forits determination. state what additional monitoring is necessary, aIid send a copy'of said determination to the applicant and the applicant's POTW. The decision. of the Enforcement Division Director shall be fin.a.l. ..,.. ~ 403. 16 Upset provision. (a) Definition. For the purposes of this section. "Upset" means an exceptional incident in which there is nnintentional and temporary nonc:lmplianee with categorical Pretreatment Standards because of factors beyond the - reasonable control of the Industrial - User. An Upset does not include noncompliance to the extent caused by operational error. improperly designed :reatment facilities. inadequate treatment facilities. lack of preventive maintenanr;:e. or careles8 or improper operation. (bJ Effect of an upset. An Upset shall constitute an- affirtnative defens~ to an action brought for noncompliance with categorical Pretreatment Standards if the requirements of paragraph (c) are met. _ (c) Conditions necessary for a demonstration of upset. An Industrial User who wishes to establish the affirmative delense of Upset shall demonstrate. through properly signed. contemporaneous operating logs. or other relevant evidence -that: (1) An Upset occurred and the Industrial User can identify the specific cause(s) of the Upset: (2) The facility was at the time being operated in a prudent and workman-Uke manner and in compliance with appHcable operation and maintenance procedures: (3) The Industrial User has submitted the following information to the-POTW L-20 and Control Authority. within 24 hours of becoming aware of t~e Upset (if this information is provided orally. a written submission must be provided within five days); (i) A description of the Indirect Discharge and ca;lse of noncompliance: (ii) The period of noncompliance. inciuding exact dates a.'1d times or. if not corrected. the anticipated time the noncompliance is expected to continue; (ill) Steps being taken and/or planned to reduce. eliminate and prevent recurrence of the noncompliance. (d) Burden of proof. In any enforcement proceeding the Industrial User seeking to establish the occurrence of an Upset shall have the_burden of proof. (e) Reviewability of agency consideration.of claims of upset. In the usual exercise of prosecutorial discretion. Agency enforcement personnel should review any claims that non-compliance was caused by an Upset. No determinations made in the course of the review constitute final Agency action subject to judicial re..iew. Industrial Users will have the - opportunity for a judicial determination on any claim. of Upset only in an enforcement action brought for noncompliance with categorical Pretreatment Standards. (f) User responsibility in case of upset. The Industrial User shall control production. or all Discharges to the extent necessary to maintain compliance with categorical Pretreatment Standards upon reduction. loss. or failure of its treatment facility until the facility is restored or an alternative method of treatment is' provided. This requirement applies in the situation where. among other things. the primary source of power-of the treatment facility is reduced. lost or fails. Appendix A..-United States Environmental Pmtec:tioa A1ency December 18. 1975. Program CuidanC8.Memorand~l Subject Grants for Treatment and Control of - . Cambined Sewer Overflows and Stormwater Discharges. From: fohn T. Rhett. Deputy Assistant Administrator ior Water Program Operations ('vVH-546). To: Regional Administrators. Regions I-X. ~smemonmdwns~es~e Agency', poUcy on the use of construction grants for treatment and control of combined sewer overflows and stormweter discharges during wet-weather conditions. The purpose ia to assure that projects are funded only when careful planning hat demonstrated they are coat..ffective. I I I I I I I I I I I I I I I I I I I 9458 Federal Register I Vol. 46. No. 18 I Wednesday. January 28. 1981 I Rules and Regulations L ComhiDed Sewer Overflows A. Background The costs and benefits of control of various portions of pollution due to combined sewer overflows and by-passes vary gready with the characteristics of the sewer and treatment system. the duration. intensity. frequency and areal extent of precipitation. the type and extent of development in tha service area. and the characteristia. uses and water quality standards of the receivins waten. Decisions on grants for control of combined sewer overflow.. therefore..must be macfe on a cas.by-case basis after detailed planning at the rocalleveL Where- detailed planning has been completed. treatment or control of poDutlon from wet-weather overflows and bypasses may be given priority for construction grant. fund. oniy after provision has been made for MCOndary treatment of dry.we.ther flow. in th. area. The detailed planning requirements and criteria lor project approval follow. B. Planning Requirements Construction grants may be'approved for control of pollution from combined sewer overflows only if piaaaing for the project was thoroughly analyzed for the 20 year pla.aniq period: 1..Altemative control techniques which might beutillzed to attain various levels of ~ution control (rel.ted to alternative beneficial u.... if appropriate). including at Iea.t initial con~deration of all the . alternatives described in the lection on combined sewer and stormwater control in "Alternative Waste Management TeChnique. and ~t Practicable Waste Treatment" (Section C of Chapter m of the iDlormation proposed for comment in March 1974). %. The costa. of achieving the various levels of pollution control by each of the techniques appell.l'in8 to be the most feasible and cost. effective after the preliminary analysis.. 3. The benefits to the receiving waten of. range'of tevel& of pollution control dwiDg wet-weather conditiune. Thi. analysis will normally be conducted.. part of State water quality management planning. 208 are.wide lD8nqement planning. or other State. reSional.or local planning effort. 4. The COlta and. benefits of addition' of advanced waate treatment processes to dry- weather flows in the area. C. Crit8ria for Project Approval Tbeflnal-alternativa selected sHall meet tbe following criteria: 1. The analysis required above has demonstrated that the level of-pollution control provided will be nltCesaary to protect a beneficial use of the receivins water even after technol~ baaed standardl required by Section 301 of Pl.. 92-.500 are achieved by industrial point sources and at leut secondary treatment is achieved for dry- weather municipal !lows in the area. %. Provision' ha. already been made ror fimdlng of secondary treatment of dry- weather flows in the area. 3. The pollution control technique proposed for combined sewer overflow is a more cost- effective means of protecting the beneficial use of the receiving weten than other combined sewer pollution coutrol techniques and the addition of treatment higher than secondary treatment for dry.weather municipal nows in the area. 4. The marginal costs are not substantial compared to margipal benefits. Marginal costs and benefits for each alternative may be displayed graphically to assist with determining a project's acceptability under this criterion. Dollar costs should be compared with quantified pollution reduction and water quality improvements. A descriptive narrative should also be included analyzing. monetary. social and environmental COlts compared to benefits. particularly the significance of the beneficial use. to be protected by the project. D. Stormwa_ DIsc:harges Approaches Cor reducing pollution from separate stormwater dilcharges are now in the early Itages of development and evaluation.-We anticipate. however. that in many cases the benefits obtained by construction of treatment works For this purpose will5e small compared with the co.ts. and other techniques of control and prevention will be more Cost-effectiva. The poiicy of the Agency is. therefore. that construction grants sh.ll not be used for construction of treatment works to control pollution from separate discharges of stormwater except under unusual conditions where the project clearly has been demonltrated to meet the pll1lU1ing requirements and criteria described above for combined sewer overflows. m. Multi-purpose Projects Projects with. multiple purpoael. such as flood control and recreation in addition to pollution control. may be eligible for an. amoun~ not to exceed the cost of the moat co.t-effective single purpose pollution abatement syltem. Normally the Separable, Colts-Remaining Benefits (SCUl) method should b. used to allocate costs between pollution coatrol ancLother purpoaes. although in'unusual case. another. method may be appropriate. For such COlt allocation. the cost of the least cost pollution abatement alternative may be used as a sublttitute me8llUl'lt..Q.f the benefits for that purpose. The method is described in NPr090sed Practices for Economic Analysi. of River Basin, Projecta.-.. GPO. Washington. D.c.. 1958. and "Efficiency in Government through Systems An.ly.i.... by Roland N.McI<ean. John Wiley at Sons, Inc.. 1958. Enlargement of or otherwise adding to combined sewer conveyance systems is one means of reducing or eliminating flQoding caused by wet-weather conditions. Tbese additions may be designed so as to produca some benefits in terms of reduced discharge of pollutants. to surroun!iins waterways. The pollution control benefits of such flood control maasure.. however. are likely to be small compared With the costa. and the measures therefore would normally be ineligible for funding under the construction grants program. All multi-purpose projects where Ie sa than 10005 of the coats are eU81ble For construction grants under this policy shail contain a. special grant condition precluding EPA funding of nnn-pollution control elementa. L-21 This condition should. as a minimum. contain a provision similar to the Following: "The grantee explicitly acknowled~es and agrees that costs are allowable only to- the extent they are incurred for the wlrter pollution control elements 01 this project." Additional special conditions should be included as appropriate to a~sure that the grantee clearly understands which elements of the project are eligible lor construction grants under Public Law 92-.500. Appeudix B--65 Toxic PoUuWlts Acsnaphthene Acrolein Acrylonitrile Aldrin/Dieldrin Antimony and compounds I Arsenic and compounds Asbestos Benzene Benzidine Beryllium and compounds Cadmium and compounds Carbon tetrachloride Chlordane (technical mixture and metabolites) Chlorinated benzanes (other than dichlorobewnes) Chlorinated ethanes (including 1.2. dichloroethane. 1.U-trichloroethane. and hexachloroethane) Chloralkyl ethers (chloromethyl. chloroethyl. and mixed ethers) Chlorinated' naphthalene Chlorinated phenols (other than those listed elsewhere: includes trichlorophenols and chlorinated cresols) Chloroform 2-chlorophenol Chromium and compounds Capper and compounds Cyanides DOT and metaboUtes Dichlorobenzanes (1.2-. 1.3-. and 1.4- dichlorobenzenes) Dichlombenzidine Dichloroethylenes (1.1- and 1.2. dichloroethylene) 2;4--dich1orophenol Dichloropropane and d.Ich1oropropene 2'.~ethylphenol Dinitrotoluene Diphenylhydrazine Endosulian and metabolites Endrin and metabolites Ethylbenzene Fluoroanthene Haloethers (other than those listed elsewhere: includes chlorophenylphenyl ethers. bromophenylphenyl ether. bis(dischloroisopropYIl ether. bis- (chloroethoxy) methane and polychlorinated diphenyl ethers) Halomethanes (other than those listed elsewhere: includes methylene chloromethyl-chloride. methyibromide. bromoform. dichlorobromomethane. tridllorofluoromethane. dichlorodifluoromethane) Heptachlor and metabolites Hexachlorobutadiene I Aa UHd throu3hout thi8 AP1l<fndi.'t B the term Hcom'POWlda" sl1all include organic and inOl1anlC COlllllOWlda. I I I I I I I I I I I I I I I I I I I Federal R~ter 1 VoL 46. No. 18 1 Wednesday, January 28.. 1981-1 Rules and Regulations 9459 Hexachlorocyclohexane (all isomers) HexacrJorocyclopentadiene Iaophorone Ladd and compounds Mercury and compounds Naphthale::le Nickel and compounds Nitrobenzene Nitrophenols (Including 2.4-dinitrophenoL dinitrocresol) Nitrosamines P1tntacAlorophenol Phenol Phthalate esters Polychlorinated biphenyls (PCBI) Polynucleu aromatic hydrocarbons (includ.Jns benzanthracenes. benzopynnel.benzofIuroranthene. chryaenel. dibenza.athraceaes. and lDdenopyrenel) Selenium and compounds SUver and compounds 2.3.7.a- Tetrach!orodibenzo-p-dioxm (TCDD) Tetrachloroethylene Tha.Il.ium and compoundl Tolllene Toxaphene Trichloroethylene Vinyl chloride Z1Dc and compounds Appeadlx C-34 lDduatrial Categ0ri8s Adhesives and Sealanta Aluminum Forming Allto and Other Laundries Battery Manufacturing Coa.I Mining Coil Cuatins Copper Forming Electrical and Electronic Components Electroplating Explosives Manufacturing Foundriel Cwn and Wood Chemicals lDorganic Chemicals Manufacturing Iron.and Steel Manufacturing Leather Tanning and Finishing Mechanical Productl Manufacturing Nonferrous Metall Manufacturing Ore Mining Orsanic Chemicals Manufacturing Paint and Ink Formulation Pesticides Petroleum Refining Pharmaceutical Preparations Phol~aphic Equipment and Supplies Pl.ltics Proc:..-Sling Plastic and Synthetic Materials Manuiacturing p.,n:elain E:1ameling Printing and Publilhing Pulp aud Paper Mills Rubber Proca"ing Soap and Detergent Manufacturing. Steam. Electric Power Plants T exti.le Mills TImber Products Processing Appmdix D-Selected IndWltrial Subcale10ries Exempted From R81Ulation Pursuant of Para~pl1 8 of the NRDC v. eo.u. Ceasent Decree The follOwing industrial subcategories have been excluded from further ruiemaking pursuant to paragraph 8 of the Natural RHOurr:tf$ Defenu Council v. c,stJe Consent Decree for one or more of the following reasons: (1) the pollutants of concern a1'& not detectable in the emuent from the Industrial User (paragraph 8(a){iiiJJ: (2) the pollutants oi concern are present only in trace amounts and are neither causing nor likely to cause toxic effects (paragrpah B( a)(iiill: (3) the pollutants of concern are present in amounts too small to be effectively reduced by teclmologies known to the Administrator (paragraph B(a){ili)); or (4) the wastestream contains only pollutants which are compatible. with the POTW (paragraph 8(b)(i)). In some instances. different rationale were given for exclusion under paragraph a. However. EPA hal reviewed thele subcategoriu iU1d has determined that excluaion could have occurred due to one of the four realOua liated above. ThiI liat includel alllubcategoriee that have been excluded for the above-listed reu011I .. of [date of publiCation in the Federal R.pterl. This list will be updated periodically for the convenience of the reader. Auto and Other Laundn'BS Industry .. Carpet Cleaners .. Coin Operated Laundries .. Diaper Servicel .. Dry Cleanen · ?oWa' Laundries Battery Manufacturing Industry .. Carbon Zinc Ajr Cell Batteries .. Lithium Batteries .. Magnesium Carbon Batteries .. Masnesium Cell Batteries .. Miniature Alkaline Batteries --NIc.kel Zinc Batteries Electrical and Electronic c,mponent6 .. Carbon and Graphite Products .. FIxed Capacitors .. Fluorescent Lamps .. Incandescent Lamps .. Magnetic Coatirigs .. Mica Paper Electroplating .. Alkaline Cleanlng .. Bright Dipping .. Chemical Machining · Galvanizing .. Immersion. Piating · Iridite Dipping .. Plclilin, EzpIMives Industry .. MilItary Explosive Manufacturing. Foundries InrJu8try .. Nickel Calting .. Tln. Calting .. ntanium Casting Cum and Wood Chemicals . Chat and Charcoal Briquets .. Cum Resin. Turpentine and Essential oua Iron and Steel Industry .. Basic Oxygen Furnace (Semi wet) · Beehive Calce Process · Electric An: Furnace (Semiwet) Inorganic Chemicals Manufacturing Industry .. Aluminum Sulfate L-22 · Ammonium Cb.loride · Ammoniu..n Hydroxide · Barium Carbonate · Borax · Boric Acid · Bromine . Calcium Carbide · Calcium Carbonate · Calcium Chloride . Calcium Hydroxide · Calcium Oxide · Carbon Dioxide · Carbon Monoxide .. Chromic Acid · Cuprous Oxide .. Ferric Chloride .. Ferrous Sulfate · Fluorine .. Hydrogen .. Hydrochloric Acid .. Hydrogen Peroxide · Iodine · Lead Monoxide .. Lithium Carbonate .. Manganese Sulfate · Nitric Acid .. Oxygen and Nitrogen .. Potassium Chlcride .. Potaaaium Dichromate · Potassium Iodide .. Pot.llium Metal · Potassium Permanganate · Potsllium Sulfate · Sodium Bicarbonate · Sodium Carbonate · Sodium Chloride .. Sodium Fluoride .. Sodium Hydrosulfide · Sodium Metal · Sodium Silicate .. Sodium Sulfite .. Sodium Thiosulfate · Stannic Oxide · Sulfur DIoxide · Sulfuric Acid · ZInc Oxide · Zinc Slllfa te lAather lndustriBs .. Gloves .. Luggage .. Shoes and Related Footwear .. Personal Goods- Non FetTOus Metals Industry · Primary Arsenic .. Primary Antimony .. Secondary Babbitt · Primary Barium .. SecQndary Beryllium .. Primary Bismuth .. Primary BQron .. Secondary Boron · Bauxite · Secondary Cadmium · Primary Calcium ~ Primary Cesium · Primary Chromium. .. Primary Cabalt .. Secondary Cobalt · Secondary Columbium · Primary Callium · Primary Germanium · Primary Gold · Secondary Precious Metals · Primary HaInium I I I I I I I I I I I I I I I I I I I 9460 Federal Register / Vol. 46. No. 18 / Wednesday, January 28. 1981 / Rules and Regulations. · Primary and Secondary Indium · Primary Lithium · Primary Manganese · Primary Magnesium . Secondary Magnesium · Primary Men:ury · Secoudary Mercury · Primary Molybdenum · Secondary Molybdenum .. Primary Nickel · Secondary Nickel · Secondary Plutonium · Primary Potassium · Primary Rare Earths · Primary Rhenium · Secondary Rhenium · Primary Rubidium · Primary Platinum Group · Primary Silicon · Primary Sodium " · Secondary Tantalum · Primary TIn · Secondary lID · Primary Titanium · Secondary Titanium · Secondary Tungsten · Primary Uranium · Secondary Uranium · Secondary Zinc · Primary Zirconium Paint and Ink Industry · Solvent Base Proces. · Solvent Wash Proce.. Paving and Roofing Indu6try · Asphalt Concrete · Alphalt Emulsion · Linoleum · Printed Asphalt Felt · Roofing Pulp. Paper. Paperboard. and Converted Paper Indu$try · Converted Paper Industry Rubber Processing Indu6try · Latex-Oipped. Latex-Extruded. and Latex Molded Good6 · Latex Foam · Small-aized General Molded. Extruded and Fabricated Rubber Plants · Medium-sized General Molded. Extruded and Fabricated Rubber Plants · Large-sized General Molded. Extruded and Fabricated Rubber Plants" · Synthetic C.-umb Rubber Production- Emulsion Polymerization · Synthetic Crumb Rubber Production- Solution Polymeri%ation · Synthetic Latex Rubber Production · TIre & Inner Tube Production Textile Industry · Apparel Manufacturing · Cordage and Twine · Low Water Use Processing (Greige Mill.) . Padding and Upholstery Filling Timber Products Proce6sing · Barking Process . FInishing Processes · Hardboard-Dry Process . Log Washing · Particleboard · Planing Mills · Sawmills · Venaer · Wet Storage · Wood Preserving (lnorganics) Process PART 125-CRITER1A AND STANDARDS FOR THE NATlONAL. POllUTANT D:SCHARGE EUUINA TlON SYSTEM Subpart D-Crlteria and Standards for Oetermining Fundamentally Olfferent Factors Under Sections 301(b)(1)(A). 301(b)(2) (A) and (E)(AND 307(8)) OF 1'H. At:r Z. 40 CFR Part 12S subpart D is amended by deleting "and 307(b)" from the title of the subpart. 3. 40 CFR ~ 125.30 is amended to read as follows: 1125.30 Purpose and scope. (a) This subpart establishes the criteria and standards to be used in determining whether eHluent limitations alternative to those required by promulgated EPA eHluent !imitations guidelines under sections 301 and 304 of the Act (hereinafter referred to as "national!imits") shoUld be unposed on a discharger because factors relating to the discharger's facilities. equipment. processes or other factors related to the discharger are fundamentally different from the factors considered by EP A in development of the national!imits. This subpart applies to all natibnal!imits promulgated under sections 301 and 304 of the Act. except for those contained in 40 CFR Part 423 (steam electric . generating point source category). (b) In establishing national!imits. EPA takes into account all the information it can collect. develop and solicit regarding the factors listed in sections 304(b) and 304(g) of the Act. (FIt Doc. 11-= mod 1-~-a1; i1:.s ~ml SlWNG ~ 1MO-J3-M. L-23 I I I I I I I I I I. I I I I I I I I I APPENDIX M PROTOTYPE APPLICATION FOR INDUSTRIAL SEWER CONNECTION M-l I I CITY OF SALINA OFFICE OF THE CITY ENGINEER APPLICATION FOR INDUSTRIAL SEWER CONNECTION A. GENERAL INFORMATION COMPANY NAME AND MAILING ADDRESS: ADDRESS OF PREMISES: PRIMARY STANDARD INDUSTRIAL CLASSIFICATION CODE (SIC): B. PLANT CHARACTERISTICS PRINCIPAL PAODUCT(S) PRODUCED: AVERAGE AMOUNT OF PRODUCT(S) PRODUCED EACH DAY OF OPERATION: TYPE(S) AND AMOUNT(S) OF RAW MATERIALS USED (Average and MaXimum Amount per day) I BRIEF DESCRIPTION OF MANUFACTURING OR SERVICE ACTIVITY(IES) ON PREMISES: I I I I IS THERE A SCHEDULED SHUTDOWN? IF YES, WHEN? DYes ONO I IF PRODUCTION IS SEASONAL. EXPLAIN, INDICATING MONTH(S) OF PEAK PRODUCTION: I I WORK SHIFT START TIMES: a. FIRST SHIFT b. SECOND SHIFT c. THIRD SHIFT AVERAGE NUMBER OF EMPLOYEES WORKING DURING EACH SHIFT EACH DAY: I SHIFT SUN MON TUE WED THU FRI SAT FIRST I SECOND THIRD I DAILY TOTAL - , PAG~ 01 J I I I I I I I I C. WASTEWATER CHARACTERISTICS WATER SOURCES: aUANTlTY (Unit / Day) SOURCE 1: City of SOURCE 2: SOURCE 3: SOURCE 4: WATER CONSUMPTION: aUANTITY (% of Total or Volume) COOLING WATER (Discharge Temp. OF) BOILER FEED WATER SANITARY SYSTEM (Toilets. Drinking Fountains. Showers. Etc.) CONTAINED IN PRODUCT(S) USED IN MANUFACTURING PROCESS(ES} . OTHER (Specify) TOTAL WATER CONSUMPTION (Volume) AVERAGE VOLUME OF WASTEWATER DISCHARGE (If Known) AVERAGE VOLUME 3 MINUTE PEAK FLOW VOLUME CITY WASTE WATER SEWER NATURAL OUTLET (Stream. Lake, etc.) WASTE HAULER EVAPORATION I OTHER (SpeCify) TOTAL VOLUME OF DISCHARGE (Gal. or Cu. Ft.) LIST ANY DAILY. MONTHLY ANDIOR SEASONAL VARIATIONS IN THE WASTEWATER DISCHARGE RATES AT YOUR FACILITY (If any) (Attach another sheet of paper if needed as Exhibit A) I ALL SITE PLANS. FLOOR PLANS. MECHANICAL AND PLUMBING PLANS AND DETAILS TO SHOW ALL SEWER CONNECTIONS AND APPURTENANCES BY SIZE, LOCATION AND ELEVATION. ATTACHED AS EXHIBIT B. I CHECK ANY OF THE TOXIC PULLUTANTS LISTED BELOW WHICH MAY BE PRESENT IN YOUR FACILITIES WASTEWATER DISCHARGE. LIST THE CONCENTRATIONS. IF KNOWN. POLLUTANT CONCENTRATION POLLUTANT CONCENTRATION I Acenaphthene Chlordane and metabolites Acrolein Chlorinated benzenes Acrylonitrile Chlorinated ethanes I AldrinlDieldrin Chloroalkyl ethers Antimony and compounds Chlorinated naphthalene Arsenic and compounds Chlorinated phenols Asbestos Chloroform Benzene 2.chlorophenol Benzidine Chromium and compounds Beryllium and compounds Copper and compounds Cadmium and compounds Cyanides Carbon tetrachloride DOT and metabolites (CONTINUED ON NEXT PAGE) Page 2 01 4 I I I I I I I I I I I (Continued) POLLUTANT CONCENTRATION POLLUTANT CONCENTRATION 1,2-,1,:3-, and 1,4-dichlorobenzenes Naphthalene D1chlorobenzidlne Nickel and compounds 2,4-dichlorophenol Nitrobenzene Dlchloropropane and dichloropropene Nltrophenols I 2,4-dlmethylphenol Nltrosamlnes Dlnitrotoluene Pentachlorophenol Dlphenylhydrazlne Phenol I Endosulfan and metabolites Phthalate esters Endrln and metabolites Polychlorinated biphenyls (PCBs) Ethylbenzene Polynuclear aromatic hydrocarbons I Fluoroanthene Selenium and compounds Haloethers Sliver and compounds I Halomethanes 2,3.7,8- Tetrachlorodlbenzo-p-dloxin (TCDO) Heptachlor and metabolites Tetrachloroethylene Hexachlorobutadlene Thallium and compounds Hexachlorocyclohexane (all Isomers) Toluene Hexachlorocyclopentadiene Toxaphene Isophorone Trichloroethylene I Lead and comnounds Vlnvl chloride Mercury and compunds Zinc and compounds 1,1- and 1,2-dlchloroethylene LIST ANY OTHER TOXICANTS KNOWN OR BELIEVED TO BE PRESENT IN THE DISCHARGE: WASTEWATER CHARACTERISTICS: AVG. DAILY FLOW VOLUME GALLONS PEAK FLOW RATE GAL./ DAY I Parameter Max. Min. Avg. Parameter Max. Min. Avg. Parameter Max. Min. Avg. Dissolved Aluminum (AI) Copper (Cu) Phosphorus (P) I Ammonia Cyanide (CN) pH Antimony (Sb) Fluoride (F) Selenium (Se) I Arsenic (As) Iron (Fe) Sliver (Ag) Total Dissolved Barium (Ba) Lead (Pb) Solids I Total Suspended BOD Manganese (Mn) Solids Total Volatile Boron (B) MBAS Solids . Cadmium (Cd) Mercury (Hg) Sulfide I Dissolved COD Nickel (Ni) Titanium (Ti) Total Kjeldahl I Chloride Nitrate Nitrogen (TKN) Total Chromium (Cr) Nitrite Zinc (Zn) Chromium Oil, Grease I Hexavalent (Crb + ) Phenols (Petro/Mineral) I Cobalt (Co) Phosphate Temperature (oF) Page 3 01 4 I I I I I I I I I I I I IS THERE A SPILL PREVENTION CONTROL AND COUNTERMEASURE PLAN IN EFFECT AT THIS PLANT? o Yes 0 No D. PRETREATMENT IS THIS PLANT SUBJECT TO AN EXISTING FEDERAL PRETREATMENT STANDARD? IF YES. ARE PRETREATMENT STANDARDS BEING MET ON A CONSTANT BASIS? DYes 0 No 0 Don't Know 0 Yes 0 No 0 Don't Know ARE ADDITIONAL PRETREATMENT FACILITIES AND/OR OPERATION AND MAINTENANCE (O&M) ITEMS REOUIRED TO MEET THE PRETREATMENT STANDARDS? DYes 0 No 0 Don't Know IF YES. LIST THE ANTICIPATED SCHEDULE BY WHICH THE ITEMS WILL BE PROVIDED: E. AGREEMENT In consideration of the granting of this permit the undersigned agrees: 1. To furnish any additional information relating to the installation or use of the industrial sewer for which this permit is sought as may be requested by the City. 2. To accept and abide by all provisions of Ordinance No. of the City of Salina, Kansas, and of all other pertinent Ordinances or regulations that may be adopted in the future. 3. To operate and maintain any waste pretreatment facilities, as may be required as a condition of the acceptance into the wastewater treatment system of the industrial wastes involved, in an efficient manner at all times, and at no expense to the City. 4. To cooperate at all times with the City Engineer and his authorized repre- sentatives in their inspecting, sampling, and study of the industrial wastes, and any facilities provided for pretreatment. 5. To notify the City immediately in the event of any accident, or other occurrence that occasions a contribution of any wastewater or substances prohibited or not covered by this permit, to the wastewater treatment system. F. CERTIFICATION I CERTIFY THA T TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE INFORMA nON CONTAINED IN THIS APPLlCA nON IS TRUE, COMPLETE AND ACCURA TE. Signature ot Company Ottlclal Title Date Page J 01 J I I I I I I I I I I I I I I I I I I I APPENDIX N PROTOTYPE INDUSTRIAL WASTEWATER DISCHARGE PERMIT N-I I I Iln accordance with all terms and conditions of the Salina, Kansas, City Code, Part CITY OF SALINA OFFICE OF THE CITY ENGINEER INDUSTRIAL WASTEWATER DISCHARGE PERMIT Permit No. , Section , et. seq., and also with .any applicable PERMISSION IS HEREBY GRANTED TO: COMPANY NAME AND MAILING ADDRESS: ADDRESS OF PREMISES: PRIMARY STANDARD INDUSTRIAL CLASSIFICATION CODE (SIC): FOR THE CONTRIBUTION OF (Type of Discharge; i.e. process waste. etc.) INTO THE CITY OF SALINA, KANSAS, SEWER LINES AT (Location of Connections) THIS PERMIT IS GRANTED IN ACCORDANCE WITH THE APPLICATION FILED ON (Month) . 19_INTHEOFFICEOF (Day) AND IN CONFORMITY WITH PLANS, SPECIFICATIONS AND OTHER DATA SUBMITTED TO IN SUPPORT OF THE ABOVE MENTIONED APPLICATION, ALL OF WHICH ARE FILED WITH AND CONSIDERED AS PART OF THIS PERMIT, TOGETHER WITH THE FOLLOWING NAMED CONDITIONS AND REQUIREMENTS. EFFECTIVE TH IS DAY OF , 19 TO EXPIRE THE DAY OF , 19 SIGNATURE OF CITY ENGINEER PAGE ' or _ I I Permit No. Maximum Maximum Concentration Instantaneous mg/l - 24 Hr. Concentration Monitoring Flow Proportional mg/l Requirements Parameter (mg/ll Composite Sample Grab Sample (E. SV, SCl" Monitoring Compliance Schedule. Schedule Parameter (Frequency) Monitoring Compliance Schedule. Schedule Parameter (Frequency) I I I I I I I I I I I I I I I I I.enter Sample Type (G = Grab. C = Compositel and Date at Top of Column He = Evaluation Monitoring; SV = Surveillance Monitoring; SC = Surcharge Monitoring PAGE: of : I I Effective I PERMIT CONDITIONS I 1. PERMIT MODIFICATIONS I This permit shall be issued for a specified time period not to exceed two (2) years. It may be issued for a period less than a year as indicated by the expiration date. During the term of the permit, the conditions may need to be revised to meet federal requirements. The permittee shall be informed of any changes regarding the permit within 30 days of the effective date of the change. I I This permit shall be modified within 9 months of the promulgation of a National Categorical Pretreatment Standard. Compliance with the standard shall be within the time frame specified in the applicable standard. I 2. PERMIT TRANSFERS I This permit is issued to a specific user for a specific operation. It shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the Director. I 3. CHANGE IN DISCHARGE I The Director should be notified if there is a substantial change in the volume or character of the wastewater constituents discharged by the user. 4. SLUG LOAD I I The Director should be notified of any slug load as soon as possible and submit a written report describing the cause of the slug within 5 days following the discharge. 5. RETENTION OF WASTEWATER DISCHARGE RECORDS I This permit will be retained by the City for a peiod of time determined by effective Federal requirements or at least three years. I 6. CONTROL MANHOLE I When required by the Director, the Owner or any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer, to facilitate observation, sampling and measurement of the wastes. Such a manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Director. The manhole shall be installed by the Owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. Persons or occupants of premises where wastewater is created or discharged shall allow the City or their representative(s) ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any or their duties. N-4 I I I I I 7. SCHEDULE OF COMPLIANCE I Not later than 14 days following each date in the Schedule of Compliance and the final date for compliance, the authorized representative of the user shall submit a progress report to the Director including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this incre- ment of progress, the reason for delay and the steps being taken by the user to return the construction to the schedule established. In no event shall more than 9 months elapse between such progress reports to the Director. I I I The permittee shall achieve compliance with the requirements specified in this permit in accordance with the following schedule: I I I I I I I I I I I I N-5 I I I I I II I I I I I I I I I I I I I I APPENDIX 0 PROTOTYPE SELF-MONITORING REPORT 0-1 I I I I I I I I I I I I I I I I I I I IMPORTANT: SEE NOTE AT THE BOTTOM OF TH I S PAGE. INDUSTRY NAME: AnDRESS: AUTHORIZED REPRESENTATIVE: CIlY OF SALINA SELF-rONITORING REPORT (QUARTERLY) PERMIT NO. : PERIOD: 1 2 3 4 YEAR: 19_ DATE SUBMI TTED : SIGNATURE TITLE SAMPLE COLLECTION INFORMATION PROCESS NO.: SAMPLING LOCATION: TYPE OF SAMPLE: (I.E.) GRAB) COMPOSITE) ETC.) DATES SAMPLE(S) TAKEN: NO. OF PROCESSES SAMPLED: T I ME STARTED TIME STOPPED TO FROM PERSON RECOVERING SAMPLE(S): SPLIT SAMPLE(S): AVERAGE FLOW (GPM): SAMPLING FREQUENCY: YES NO. OF BOTTLES NAME TITLE SAMPLE AMOUNT OF EACH PORTION: NO MAX: HOW WAS SAMPLE PREPARED FOR ANALYSIS: NOTE: THIS REPORT SHOULD BE COMPLETED FOR EACH PROCESS MONITORED. MAKE COPIES OF THIS FORM IF MONITORING MORE THAN ONE PROCESS. 1 I I I I I I I I I I I I I I I I I I I SAMPLE ANALYSIS INFORMATION PROCESS NO, : LABORATORY: ADDRESS: STREET STATE No. OF SAMPLES PER BoTTLE: No. OF SAMPLES ANALYZED: By: CITY NAME TITLE TELEPHONE NO. DATE SAMPLE(S) ANALYZED: SAMPLED RECEIVED FROM: MONTH/DAY/YEAR MONTH/DAY/YEAR NAME TI TLE DATE NOTE: DENOTE PERTINENT INFORMATION REGARDING LABORATORY ANALYSIS BELOW, 2 I I I I I I I I I I I I I I I I I I I RESULTS OF LABORATORY ANALYSIS POLLUTANT: PROCESS No. : PERIOD NO. INDUSTRY NAME: PERMIT No. : PERIOD NO. ~;~) r~~5t) STD FLOW ~~7l STD nAY MFTHCm DAY (GPD) ( ) .........,.., ,,,.... IVI~ I Ht J 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 29 29 30 30 31 31 3 I I I I I I I I I I I I I I I I I I I SUWv1ARY OF ANAL YT I CAL RESULTS PERIOD NO. : CONCENTRATION MASS EQUIVALENT DAI~~/~ WK.~/~VG t'OMe:,'~G DAI~jt MAX WK, ;'~G t-{), ;'~G POI I liT ANT Mr.: 'I Me:, 'L Me:, 'I Mr.: 'I 1 2 3 4 5 6 7 8 9 10 PERIOD NO. : CONCENTRATION MASS EQUIVALENT DAIL~/~ WK.~/~VG MO~r.:'~G DAIL~/~ WK.;/~VG t'O, ;'~G D(,\I I liT ANT MG M~ 'I MG Mr.'1 Me:, 'I 1 2 3 4 5 6 7 8 9 10 4 I I I I I I I I I I I I I I I I I I I APPENDIX P LOCATION MAP OF INDUSTRIAL USERS SUBJECT TO PRETREATMENT STANDARDS P-l ------------------- MAP OF ~ L__,;i l~l\",.c<~OTW PRETREATMENT PROG RAM A I \' i( LOCATION OF INDUSTRIES SALINA KANSAS COMPILED FROM OFFICIAL RECORDS ENGINEERING DEPARTMENT Revised 1981 -------~- '"',..I -..',. I .. I ,: ~ I'" , . ' ;j.,I,lj; . ' . ~,..~ 'I . ..,", -- i (='~--~ '. ;lL.,." 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