1. Industrial Pretreatment Program Development201 1" Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406)758-7720 — Fax (406)758-7831
www.kalispell.com
REPORT TO: Mayor and City Council
FROM: James C. Hansz, P.E., Director of Public Works
Rebecca J. Bodnar, Industrial Pretreatmen rogram Coordinator
Myrt Webb, Interim City Manager
SUBJECT: Industrial Pretreatment Program Development
MEETING DATE: Work Session - February 2, 2009
The City of Kalispell Advanced Wastewater Treatment Plant is operating under the terms of a
new discharge permit issued September 2008. One of the terms of the new permit requires the
City to develop an industrial pretreatment program to ensure against the possibility that
contaminating substances might enter the waste stream and upset plant operation and/or
endanger personnel. Industrial pretreatment programs are a standard requirement of USEPA
when cities grow large enough that potential industrial diversity within the community could
expose the treatment facilities to the risk of contamination. Pretreatment programs must be
developed in strict conformance with USEPA requirements to ensure compliance with the
Federal Clean Water Act.
Rebecca Bodnar, Chemist II with the Water Resources Division Laboratory, joined the City's
water quality operating team in March of 2008. In addition to her regular duties in the lab, and in
a brief moment of weakness, she agreed to become the City's Industrial Pretreatment Program
Coordinator responsible for developing the program from the bottom up. Rebecca will provide
an overview of the program intent, how it will be developed over the coming summer, and the
related actions that will be necessary for successful implementation. In support of her
presentation, she has prepared the attached information that includes background data on
pretreatment programs, a typical initial contact letter and survey for local businesses, a secondary
survey that may be used to gain additional information, and other data related to the program
development.
CITY F KALI$PELL
11ND,-,USTR1AL PRETREATMENT
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Program Benefits
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Why have a pretreatment
Program Tim Frame
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Conclusion
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Industrial Pretreatment Program
INTRODUCTION
In 1972, the United States Congress passed the "Water Pollution Control Act" with the purpose
to "restore and maintain the quality of our nation's water. The "Water Pollution Control Act"
was amended in 1977 and re -titled the "Clean Water Act". As amended, the "Clean Water Act"
includes requirements limiting the level of pollutants that industries are allowed to discharge
into sanitary sewer systems. Within the Clean Water Act, the United States Congress
established the Environmental Protection Agency (EPA).
In 1978, the EPA established the General Pretreatment Program Regulations". These
regulations, and the subsequent amendments, required Wastewater Treatment Plants
nationwide to operate EPA -approved Pretreatment Programs. Specifically, each program must
develop, implement, and enforce technically based local limits.
The objective of the National Pretreatment Program is to control the industrial discharge wastes
that could interfere with treatment processes, resulting in reduced treatment efficiencies; and to
prevent pollutants from passing through the treatment works, and degrading the receiving
waters. The National Industrial Pretreatment Regulations require that industries pre -treat their
process wastewater to remove excess pollutants, prior to discharging to the Wastewater
Treatment Plant (WWTP). The federal Resource Conservation and Recovery Act (RCRA)
regulates specific waste types as hazardous waste. The RCRA regulations are published in
volume 40, Part 260 of the "Code of Federal Regulation". Organizations that generate, store, or
transport hazardous waste are required to notify the EPA of their activity and obtain an
identification number. For more information, visit the Environmental Protection Agency's web
site at www.epa.gov.
FEDERAL, STATE & CITY REGULATIONS
The Industrial Pretreatment Program (IPP) regulates industries in two ways: 1) Specific types of
processes are regulated by federal categorical standards and 2) All industries connected to the
City sewer system are regulated by City discharge limits. The former are developed to achieve
uniform technology -based water pollution control nationwide for selected pollutants and
industries by specifying the quantity or concentration of pollutants, or pollutant property,
which may be discharged to a WWTP by an industry in specific industrial categories. The
"General Pretreatment Regulations" are published in volume 40, Part 403 of the "Code of
Federal Regulation". The latter are intended to prevent Kalispell's Advanced WWTP and
environmental problems due to non -domestic discharges.
Thus, the City of Kalispell's discharge limits are site specific. The first step in identifying the
City's discharge limits, is a comprehensive study of the City's present load received by the
WWTP. The study will classify wastes from commercial or residential use entering the system.
This study is in progress. Upon completion of the study, the City Municipal Code will need to
be amended to set forth uniform limits and requirements for direct and indirect contributors to
the wastewater collection and treatment system of the City; as well as reflecting requirements
set forth by the Montana Department of Environmental Quality for the Kalispell WWTP in
Permit No MT0021938.
THE CITY OF KALISPELL INDUSTRIAL PRETREATMENT PROGRAM
On September 1, 2008, the City of Kalispell's IPP was mandated as a provision of the National
Pollutant Discharge Elimination System (NPDES), permit number- MT0021938 and regulated
through the USEPA Region VIII and Montana Department of Environmental Quality (MT
DEQ). Specifically, Kalispell's WWTP is required to submit an IPP package to EPA for review
and approval by September 1, 2009. For further information regarding the specific
requirements set forth by EPA, refer to "Pretreatment Requirements", NPDES Permit No.
MT0021938, Part I. E: Pages 12 -19.
The goals of the City's IPP are:
o Protect the receiving stream (Ashley Creek) from toxic chemicals and heavy metals.
o Prevent interference with the City's Advanced Wastewater Treatment Plant
(AWWTP) Process.
o Protect our employees from hazardous substances that could be discharged from an
industrial setting.
o Enrich the health and economic welfare of the community
To achieve the above goals and comply with the NPDES permit, the City will need to require all
current and future commercial and/or industrial users of the City's WWTP to complete and
return the Wastewater Classification Survey form prior to discharging wastewater to the City
Sewer System. The survey form is designed to provide enough information for the City to
determine if a complete Wastewater Discharge Permit Application will be required.
Presently, the City's IPP consists of an Industrial Pretreatment Coordinator, who is also a
Chemist at the Kalispell Municipal Environmental Lab located at the WWTP. The Coordinator's
primary duty will consist of regulating and monitoring all industrial and commercial businesses
located within the city limits of Kalispell and assisting those industries and businesses
whenever necessary with compliance issues or questions related to the City's IPP.
Contact information
Rebecca J. Bodnar, Industrial Pretreatment Program Coordinator, 406-758-7801
Dear Business owner:
In September of 2008, the Kalispell Advanced Wastewater Treatment Plant's Montana
Department of Environmental Quality permit included requirements for an Industrial
Pretreatment program. In accordance with the General Pretreatment Regulations set forth by
the U.S. Environmental Protection Agency, the City of Kalispell is proceeding with the
implementation of a local industrial wastewater pretreatment program.
This is a preliminary identification. In an effort to further identify the nature of your business`
wastewater, a Wastewater Classification Survey is included in this mailing. Please complete
and return this survey by February 28, 2009 to:
Pretreatment Survey
Kalispell Department of Public Works
P.O. Box 1997
Kalispell, MT 59903
Or fax to: 406-758-7816
The completed survey must 1) identify a company representative for future contact, 2) include a
telephone number where the company representative may be reached during normal business
hours, and 3) be signed by an authorized company official.
While the survey requests what may seem to be an inordinate amount of information for small
businesses, please be aware this survey is designed to evaluate all types of wastewater
producers. If your business is identified as having the potential to discharge such substances requiring
pretreatment, a more detailed survey will be sent.
Your cooperative participation in this survey will enable your Public Works Department to
comply with EPA directives as efficiently as possible, reducing the need for site visits and
further time consuming inquiries. If you have any questions, please call me at 758-7801.
Very truly yours,
Rebecca J. Bodnar
Industrial Pretreatment Program Coordinator
WASTEWATER CLASSIFICATION SURVEY
City of Kalispell • Industrial Pretreatment Program • PO Box 1997 • Kalispell, MT 59903
For additional information, please contact Rebecca Bodnar, Pretreatment Coordinator:
(406) 758-7801, email: rbodnar@kalispell.com or fax: (406) 758-7816 for more information.
I declare under penalty of perjury that, to the best of my knowledge, the information on this form is true and correct
Name Printed:
Signature: Date:
SECONDARY INDUSTRIAL USER PRETREATMENT SURVEY
Note to Signing Official: In accordance with Title 40 of the Code of Federal Regulations Part 403
Section 403.14, information and data provided in this questionnaire which identifies the nature
and frequency of discharge shall be available to the public without restriction. Requests for
confidential treatment of other information shall be governed by procedures specified in 40 CFR
Part 2. Should a discharge permit be required for your facility, the information in this
questionnaire will be used to issue the permit.
SECTION A - GENERAL INFORMATION
1. Company Name:
2. Mailing Address:
3. Premise Address:
4. Facility Operator:
Telephone No: (
5. Property Owner:
Telephone No: (
6. Signatory authority:
Telephone No: ( )
Title
Title
Title
7. Check one: Existing Discharge
Proposed Discharge
If proposed discharge, anticipated date of discharge commencement:
I have personally examined an am familiar with the information submitted in this document
and attachments. Based upon my inquiry of those individuals immediately responsible for
obtaining the information reported herein, I believe that the submitted information is true,
accurate and complete.
Date Signature of Official - Title
SECTION B - BUSINESS ACTIVITY
1. Brief narrative description of the primary manufacturing or service activity at premise
address and the applicable Standard Industrial Classification Code (s) (SIC #):
2. Principal Raw Materials Used:
3. Principal Products Produced:
4. Check all additional activities and indicate SIC #, if known, at your premise:
SIC #
Electroplating
Flammables, Explosives
Food Preparation Service
Laboratory
Laundry, Cleaning
Machine Shop
Medical Care
Painting, Finishing
Paint or Ink Formulation
Photographic Processing
Plastics Processing
Printing
Repair Shop, Garage
Research
Rubber Processing
Steam/ Power Generation
Warehousing
Other (specify):
SECTION C - PLANT OPERATIONAL CHARACTERISTICS:
1. Are major processes batch or continuous? Batch Continuous
Average number of batches per 24 hour day:
2. Are your processes subject to seasonal variation: Yes No
If yes, explain and indicate the month (s) of peak operation and products:
3. Shift information:
a. Number of shifts per work day:
b. Number of work days per week:
c. Average number of employees per shift: 1st 2nd 3rd
d. Shift start times: 1st 2nd 3rd
4. Describe any water recycling or material reclaiming processes utilized:
Total
5. Is a Spill Prevention Control and Countermeasure plan prepared? Yes No
SECTION D - WATER CONSUMPTION AND LOSS
1. Raw water source:
Municipal Water Division Private Contract
Surface water Private Well
County Water Company Other
2. Water bill address:
3. Water service account numbers:
4. List past twelve months water usage from water bills in gallons per day (gpd):
a. 1st 6 month period, 20_:
b. 2nd 6 month period, 20_:
c. Volume from other sources:
Name of other source:
5. List water consumption within the plant:
TYPE AVG VOLUME MAX VOLUME Metered?
(gpd) (gpd) Yes or No
a. Cooling water
b. Boiler
C. Process
d. Sanitary
e. Plant & Equipment washdown
f. Irrigation & lawn watering
g. Other (specify):
TOTAL a through g:
6. List average volume of discharge or water losses to:
ESTIMATED AVG
OUTLET DISCHARGE
(gpd)
a. Municipal sewer
b. Watercourse, ground
C. Storm drain
d. Waste haulers
e. Evaporation
f. Contained in product
g. Other (specify):
Total a through g:
List average water usage and average wastewater discharge for SIC processes itemized in
Section B (attach additional sheets if needed):
Not applicable:
a.
rol
C.
Avg Water Avg
Process Description SIC# Consumption Discharge
(gpd) (gpd)
7. Describe any raw water treatment or conditioning processes:
SECTION E - SEWER INFORMATION
1. Attach a sketch of your plant site showing the location of all sewers. For reference and
field orientation, North arrow, buildings, streets, alleys and other pertinent physical
instructions should be included.
2. List plant sewers shown in item 1., size and flow, assign sequential number to each
sewer starting with No.1 (if more than 3, attach additional connection information on
another sheet):
Number Sewer Descriptive Location of Sewer Connection or Avg Flow
Size Discharge Point (gpd)
1
3
SECTION F - WASTEWATER INFORMATION
1. Does this facility discharge any wastewater other than from restrooms, cafeterias, or
non -contaminated cooling water?
Yes If yes, complete the remainder of the questionnaire
No If no, skip to section G
Please indicate the quantities discharged from the activities indicated below in units of gallons
per day. (Refer to Section D, items 5, 6, 7, and 8). The quantities are to be given for each sewer
receiving the discharge. Please asterisk any outfall discharging to a storm drain or surface
course.
Discharge Quantity by Sewer Referenced in E-2
Type 1 2 3 Total
(D5,6,7)
Process (D-7)
A
B
C
Sanitary
Boiler
Cooling
Plant & Equip washdown
Regeneration waste (D-8)
Other (specify):
TOTAL (refer to E-2):
2. Is any form of wastewater pretreatment utilized at this facility? Yes No
If "Yes', briefly describe:
3. If any wastewater analyses have been performed on the wastewater discharges from
your facility, attach a copy of the most recent data to this survey. Be sure to include the
date of analysis, name of the laboratory performing the analysis, and location from
which the sample was taken (attach sketches, plans, etc. as necessary).
4. Priority Pollutant Information: Please indicate by placing an "x" on the appropriate line
by each listed chemical whether it is "Suspected to be Absent" (SA), "Known to be
Absent" (KA), "Suspected to be Present" (SP), or "Known to be Present" (KP) in your
manufacturing or service activity or generated as a by-product. Some compounds are
known by other names.
Item
Compound SA KA SP KP
Item
Compound SA KA SP KP
1
asbestos (fibrous) _ _ _
41
4-bromophenyl ether _ _ _ _
2
cyanide (total) _ _ _ _
42
butylbenzyl phthalate _ _ _
3
antimony (total) _ _ _ _
43
carbon tetrachloride _ _
4
arsenic (total) _ _ _ _
44
chlordane _ _ _ —
5
beryllium _ _ _ _
45
4-chloro-3-methylphenol _ _
6
cadmium (total) _ _ _ _
46
chlorobenzene _ _ _ _
7
chromium (total) _ _ _
47
chloroethane _
8
copper _ — _ _
48
2-chloroethylvinyl ether _ _ _ _
9
lead (total) _ _ _ _
49
chloroform _
10
mercury (total) _ _ _ _
50
chloromethane _ _ _ _
11
nickel (total) _ _ _
51
2-chloronaphthalene _ _ _ _
12
selenium (total) _ _ _ —
52
2-chlorophenol _ _ _
13
silver (total) _ _ _ _
53
4-chlorophenyl ether _ _
14
thallium (total) _ _ _ _
54
chrysene _ _ — —
15
zinc (total) _ _ _ —
55
4, 4' - DDD _ _ _ _
16
acenaphthene _ _ _ _
56
4, 4' - DDE _ _ —
17
acenaphtylene _ _ _ _
57
4, 4' - DDT _ _ _ —
18
acrolein _ _ _ _
58
dibenzo (a,h) anthracene _ _ _ —
19
acrylonitrile _ _ _ —
59
dibromochloromethane — _ —
20
aldrin _ _ _ _
60
1,2-dichlorobenzene _ —
21
anthracene _ _ _ _
61
1,3-dichlorobenzene
22
benzene _ _ _ _
62
1,4-dichlorobenzene T _
23
benzidine _ _ _ —
63
3,3' - dichloro-benzidine _ _ _
24
benzo (a) anthracene — _ _ _
64
dichlorodifluoro-methane — _
25
benzo (a) pyrene _ _ _ _
65
1,1-dichloroethane — —
26
benzo (b) fluoranthene _ _ _ —
66
1,2-dichloroethane _
27
benzo (g,h,i) perylene — _ _ _
67
1,1-dichloroethene
28
benzo (k) fluoranthene _ — _
68
trans-1,2-dichloroethane _ —
29
a-BHC (alpha) _ _ _ _
69
2,4-dichlorophenol
30
b-BHC (beta) — _ _ —
70
1,2-dichloropropane _ _ _ —
31
d-BHC (delta) _ _ _ —
71
(cis,trans)1,3-dichloropropene_ _ _
32
g-BHC (gamma) _ _ _ —
72
dieldrin — — —
33
bis (2-chloroethyl) ether _ — — —
73
diethyl phthalate _ — — —
34
bis (2-chloroethoxy)methane _ _ _ —
74
2,4-dimethylphenol _ _ — —
35
bis (2-chloroiso-propyl) _. - _ -.
75
dimethyl phthalate — _ — —
36
bis (chloromethyl) _ _ —
76
di-n-butyl phthalate _ _ _
37
bis (2-ethylhexyl) _ — — —
77
di-n-octyl phthalate _ _ — —
38
bromodichloromethane — _ _ —
78
4,6-dinitro-2-methyl-phenol _
39
bromoform — _ _ —
79
2,4-dinitrophenol _ — — —
40
bromomethane — — —
80
2,4-dinitrotoluene — — — —
Item
Compound SA KA SP KP
Item
Compound SA KA SP KP
81
2,6-dinitrotoluene _ _ _ _
106
N-nitrosodiphenyl-amuse
82
1,2-diphenyl-hydrazine _ _ _ _
107
PCB-1016 _ _ _ _
83
endosulfan I _ _ _
108
PCB-1221
84
endosulfan II _ _ _ _
109
PCB-1232 _ _ _ _
85
endosulfan sulfate _ _
110
PCB-1242 _
86
endrin _ _ _
111
PCB-1248 _ _ _ _
87
endrin aldehyde _ _ _
112
PCB-1254 _ _ _ _
88
ethylbenzene _ _ _ _
113
PCB-1260 _
89
fluoranthane _ _ _ _
114
pentachlorophenol _ _ _
90
fluorene _ _ _
115
phenanthrene _ _ _
91
heptachlor _ _ _
116
phenol _ _ _
92
heptachlor epoxide _ _ _ _
117
pyrene _ _ _
93
hexachlorobenzine _ _ _
118
2,3,7,8-tetradlorodibenzo- _
94
hexachlorobutadiene _ _ _
p-dioxin
95
hexachlorocyclopentadiene _ _
119
1,1,2-tetra chloroethane _ _ _
96
hexachloroethane _ _ _
120
tetrachloroethane _
97
indeno (1,2,3-cd) pyrene _ _ — _
121
toluene _
98
isophrone _ _ _
122
toxaphene _ _ _ _
99
methylene chloride _ _ _ _
123
1,2,4-trichlorobenzene _
100
naphthalene _ _ _ _
124
1,1,1-trichlorobenzene _ _ _. _
101
nitrobenzene _ _ _ _
125
1,1,2-trichloroethane _ _ _
102
2-nitrophenol _ _ _ _
126
trichloroethane _ _
103
4-nitrophenol _ _ _ _
127
trichlorofluoromethane — _
104
N-nitrosodimenthyl-amine_ _ _ _
128
2,4,6-trichlorophenol _ _ _ _
105
N-nitrodi-n-propylamme _ _ _
129
vinyl chloride _ —
Printable Version Page 1 of 1
Chromium dumping stopped; guilty party yet unknown
By L;_f1,RR Y" KLIYE - Independent Record - 12107108
Whoever was illegally dumping hexavalent chromium into Helena's sewers has apparently stopped.
City officials said Friday they haven't detected any more of the toxic chemical entering the Custer Avenue
wastewater treatment plant in the past two weeks. The facility's nitrogen -eating bacteria have rebounded,
and the plant is now discharging safe levels of ammonia into Prickly Pear Creek.
The chemical, used in chrome plating, the manufacture of dyes and pigments, leather and wood
preservation, among other applications, began entering the plant on or about Oct. 21. The contamination
continued about twice a week until late last month, when officials went public with the issue.
The known carcinogen was killing the plant's nitrogen -fixing bacteria, causing the plant to discharge
between 20 parts per million and 30 ppm of ammonia — more than five times the permitted amount into the ditch that leads to the creek and, eventually, the Missouri River.
The plant is only permitted to discharge ammonia in smaller amounts, which change from month to month,
because the compound promotes algae growth downstream. The facility is now discharging about 0.9 ppm
of ammonia, Wastewater Superintendent Don Clark said.
Clark said he still hopes the perpetrator is caught — Helena police are still investigating the issue — but
he's relieved the problem has abated.
"We just hope that whoever did it realizes now it's something they weren't supposed to do," he said. "The
staff down here, we were focused for five weeks on this problem. Business is back to normal. But we still
keep a watchful eye on what's coming in."
The contamination, Clark stressed, was never a hazard to the public here or downstream. But the incidents
caused the plant to temporarily go out of compliance with the environmental regulations set and enforced
by the U.S. Environmental Protection Agency and the Montana Department of Environmental Quality.
Those rules are in place to protect water quality and aquatic life.
The problem cost more than $20,000 to fix, city officials estimated. Before officials discovered what was
coming into the plant, they paid three consultants to investigate, and they also incurred fuel costs by
transporting new sludge to the plant from other Montana facilities in an effort to replace the dead bacteria.
Officials had initially expected the plant to take several months to rid itself of the chemical and re -grow its
bacteria, but a two -ton dose of magnesium hydroxide neutralized the chromium's toxicity.
"We essentially gave the treatment plant some vitamins," Public Works Director John Rundquist said. "It
was unexpected how fast we did come back into compliance."
Police are still seeking leads from the public, and tipsters who wish to remain anonymous can contact
Crimestoppers at 443-2000 or at helenacs.com.
Reporter I arry Kline: 447-4075 or tarrN Ic:lmea�l�elenai:c com
http://www.helenair.com/articles/2008/ 12/07/top/70lo_081207_chromium.prt 1 /20/2009
Kalispell's Advanced Wastewater Treatment Plant EPA Permit
Major Mechanical
POTW w/ Pretreatment
Permit No. MT002193 8
Pages 12 - 19
E. Pretreatment Requirements:
The Permittee shall operate an industrial pretreatment program in accordance
with the following permit requirements developed pursuant to Section
402(b)(8) of the Clean Water Act, the General Pretreatment Regulations (40
CFR Part 403), and the approved pretreatment program submitted by the
Permittee. The Permittee is required to develop a Pretreatment Program to
meet the requirements of 40 CFR Parts 403.8 and 403.9.
The permittee is required to submit a program package to EPA for review
and approval within one year of the effective date of this permit. A copy of
the program package will be provided to the Department.
Upon approval of the program by EPA, the Permittee shall meet the
following requirements:
a. Industrial user information shall be updated at a minimum of once per
year or at that frequency necessary to ensure that all Industrial Users are
properly permitted and/or controlled. The records shall be maintained
and updated as necessary.
b. The Permittee shall sample and inspect each Significant Industrial User
(SIU) at least once per calendar year (40 CFR Section 403.8(f)(2)(v)).
This is in addition to any industrial self -monitoring activities;
The Permittee shall evaluate -whether each Significant Industrial User
needs a plan to control slugs or spills or needs to update such a plan.
For Industrial Users identified as significant prior to November 14,
2005, this evaluation must be completed by October 14, 2007.
Additional significant Industrial Users must be evaluated within one
year of being designated significant industrial users. Where needed, the
Permittee shall require the SIU to prepare or update, and then
implement the plan. Where a slug prevention plan is required, the
Permittee shall ensure that the plan contains at least the minimum
elements required in 40 CFR Section 403.8(f)(2)( vi);
d. The Permittee shall investigate instances of non-compliance with
Pretreatment Standards and requirements indicated in reports and
notices required under 40 CFR Section 403.12, or indicated by analysis,
inspection, and surveillance activities.
The Permittee shall enforce all applicable Pretreatment Standards and
requirements and obtain remedies for noncompliance by any industrial
user;
f. The Permittee shall control, through the legal authority in the approved
pretreatment program, the contribution to the POTW by each industrial
user to ensure compliance with applicable Pretreatment Standards and
requirements. In the case of industrial users identified as significant
under 40 CFR Section 403.3(t), this control shall be achieved through
permit, order, or similar means and shall contain, at a minimum, the
following conditions:
Statement of duration (in no case more than five (5) years);
ii. Statement of non -transferability without, at a minimum, prior
notification to the Permittee and provision of a copy of the
existing control mechanism to the new owner or operator;
iii. Effluent limits based on applicable Pretreatment Standards,
Categorical Pretreatment Standards, local limits, and State and
local law;
iv. Self -monitoring, sampling, reporting, notification and
recordkeeping requirements, including an identification of the
pollutants to be monitored, sampling location, sampling
frequency, and sample type, based on the applicable
Pretreatment Standards in 40 CFR Part 403, Categorical
Pretreatment Standards, local limits, BMPs, and State and local
law; and,
v. Statement of applicable civil and criminal penalties for
violation of Pretreatment Standards and requirements, and any
applicable compliance schedule. Such schedules may not
extend the compliance date beyond deadlines mandated by
federal statute or regulation.
g. The Permittee shall provide adequate staff, equipment, and support
capabilities to carry out all elements of the pretreatment program as
required by 40 CFR Section 403.8(f)(3);
h. The approved program shall not be substantially modified by the
Permittee without the approval of the EPA. Substantial and non-
substantial modifications shall follow the procedures outlined in 40
CFR Section 403.18;
The Permittee shall develop, implement, and maintain an enforcement
response plan as required by 40 CFR Section 403.8(f)(5); and
The Permittee shall notify all Industrial Users of the users' obligations
to comply with applicable requirements under Subtitles C and D of the
Resource Conservation and Recovery Act (RCRA) as required by 40
CFR Section 403.8(f)(2)(iii).
2. The Permittee shall establish and enforce specific local limits and BMPs to
implement the provisions of 40 CFR Section 403.5(a) and (b), as required by
40 CFR Section 403.5(c). The Permittee shall continue to develop these limits
as necessary and effectively enforce such limits and BMPs.
In accordance with EPA policy and with the requirements of 40 CFR sections
403.8(f)(4) and 403.5(c), the Permittee shall develop technically based local
limits and BMPs to implement the general and specific prohibitions of 40
CFR Sections 403.5(a) and (b). This evaluation should be conducted in
accordance with the latest revision of the "EPA Region 8 Strategy for
Developing Technically Based Local Limits," and after review of the "Local
Limits Development Guidance" July 2004. The Permittee shall submit the
proposed local limits to the EPA in approvable form based on the findings of
the technical evaluation within one year of the effective date of this permit.
3. Additional Requirements:
a. The Permittee shall analyze the treatment facility influent and effluent
for the presence of the toxic pollutants listed in 40 CFR Part 122
Appendix D (NPDES Application Testing Requirements) Table II at
least once per two years and the toxic pollutants in Table III at least
once per six months. If, based upon information available to the
Permittee, there is reason to suspect the presence of any toxic or
hazardous pollutant listed in Table V, or any other pollutant in a
quantity or concentration known or suspected to adversely affect POTW
operation, receiving water quality, or solids disposal procedures,
analysis for those pollutants shall be performed at least once per six
months on both the influent and the effluent.
Along with the Permittee's pretreatment annual report, the Permittee
will submit (to the EPA and the Department) a list of compounds
included in Table V that are suspected or known to be present in its
influent wastewater. This determination shall be based on a review of
the Permittee's pretreatment program records. The EPA and/or the
Department may review and comment on the list and the list may be
revised if, in the opinion of the EPA and/or the Department, the list is
incomplete. The Permittee will perform analysis once per six months
on the influent for the revised list of compounds for which there are
acceptable testing procedures.
b. Where the pollutants monitored in accordance with this section are
reported as being above the method detection limit, the results for these
pollutants shall be reported in the Permittee's pretreatment annual
report.
C. The Permittee shall analyze the treatment facility sludge (biosolids)
prior to disposal, for the presence of the toxic pollutants listed in 40
CFR Part 122 Appendix D (NPDES Application Testing Requirements)
Table III at least once per year. If the Permittee does not dispose of
biosolids during the calendar year, the Permittee shall certify to that in
the Pretreatment Annual Report and the monitoring requirements in this
paragraph shall be suspended for that calendar year.
The Permittee shall review the pollutants in 40 CFR Part 122, Appendix
D, Tables II and V. If any of the pollutants in these tables were above
detection in the influent samples during the previous 2 years or last 2
analyses, whichever is greater, the Permittee shall sample and analyze
its sewage sludge for these pollutants. The Permittee shall perform this
evaluation and analysis at least once per year. Pollutants that are
analyzed by method 601, Purgeable Halocarbons, are excluded from
this requirement.
The Permittee shall use sample collection and analysis procedures as
approved for use under 40 CFR Part 503.
The Permittee shall report the results for these pollutants in the
Permittee's pretreatment annual report to the EPA and the Department.
d. All analyses shall be in accordance with test procedures established in
40 CFR Part 136. Where analytical techniques are not specified or
approved under 40 CFR Part 136, the Permittee shall use its best
professional judgment and guidance from the State and EPA regarding
analytical procedures. All analytical procedures and method detection
limits must be specified when reporting the results of such analyses.
Sampling methods shall be those defined in 40 CFR Part 136, 40 CFR
Part 403, as defined in this permit, or as specified by the Approval
Authority. Where sampling methods are not specified, the influent and
effluent samples collected shall be composite samples consisting of at
least twelve (12) aliquots collected at approximately equal intervals
over a representative 24-hour period and composited according to flow.
Where automated composite sampling is inappropriate, at least four (4)
grab samples shall be manually taken at equal intervals over a
representative 24-hour period and composited prior to analysis using
approved methods.
2. The Permittee shall prepare annually a list of industrial users which, during
the preceding twelve (12) months, have significantly violated Pretreatment
Standards or Requirements. This list is to be published annually in the
largest newspaper in the Permittee's service area as required by 40 CFR
Section 403.8(f)(2)(vii).
In addition, on or before March 28, the Permittee shall submit a pretreatment
program annual report to the EPA and the Department which contains the
following information:
a. An updated list of all Significant Industrial users as defined at 40 CFR
403.3(t). For each Significant Industrial User listed, the following
information shall be included:
i. All applicable Standard Industrial Classification (SIC) codes and
categorical determinations, as appropriate. In addition, a brief
description of the industry and general activities;
ii. Permit status. Whether each significant Industrial User has an
unexpired control mechanism and an explanation as to why any
SIUs are operating without a current, unexpired control mechanism
(e.g, permit);
iii. A summary of all monitoring activities performed within the
previous twelve (12) months. The following information shall be
reported:
Total number of Significant Industrial Users inspected; and
Total number of Significant Industrial Users sampled.
b. Additional Requirements:
i. For all industrial users that were in Significant Non -Compliance
during the previous twelve (12) months, provide the name of the
violating industrial user, indicate the nature of the violations, the
type and number of actions taken (warning letter, notice of
violation, administrative order, criminal or civil suit, fines or
penalties collected, etc.) and current compliance status. If the
industrial user was put on a schedule to attain compliance with
effluent limits, indicate the date the schedule was issued and the
date compliance is to be attained. Determination of Significant
Non -Compliance shall be performed as defined at 40 CFR Section
403.8(f)(2)(vii).
ii. A summary of all enforcement actions not covered by the
paragraph above conducted in accordance with the approved
Enforcement Response Plan.
c. A list of all Significant Industrial Users whose authorization to
discharge was terminated or revoked during the preceding twelve month
period and the reason for termination;
d. A report on any Interference, Pass Through, upset or MPDES permit
violations known or suspected to be caused by non -domestic discharges
of pollutant and actions taken by the Permittee in response;
e. Verification of publication of industrial users in Significant Non-
compliance;
f. Identification of the specific locations, if any, designated by the
Permittee for receipt (discharge) of trucked or hauled waste;
g. Information as required by the EPA or the Department on the discharge
to the POTW from the following activities:
i. Ground water clean-up from underground storage tanks;
ii. Trucked or hauled waste; and,
iii. Groundwater clean-up from RCRA or Superfund sites.
h. A description of all changes made during the previous calendar year to
the Permittee's pretreatment program that were not submitted as
substantial or non -substantial modifications to the EPA.
i. The Permittee shall evaluate actual pollutants loadings against the
approved Maximum Allowable Headworks Loadings (MAHLs).
Where the actual loading exceeds the MARL, the Permittee shall
immediately begin a program to either revise the existing local limit
and/or undertake such other studies as necessary to evaluate the cause(s)
of the exceedence. The Permittee shall provide a summary of its
intended action.
J. Other information that may be deemed necessary by EPA.
3. The Permittee shall prohibit the introduction of the following pollutants into
the POTW:
a. Pollutants which create a fire or explosion hazard in the publicly owned
treatment works (POTW), including, but not limited to, waste streams
with a closed cup flashpoint of less than sixty (60) degrees Centigrade
(140 degrees Fahrenheit) using the test methods specified in 40 CFR
Section 261.21;
b. Pollutants which will cause corrosive structural damage to the POTW,
but in no case discharges with pH lower than 5.0, unless the works are
specifically designed to accommodate such discharges;
Solid or viscous pollutants in amounts which will cause obstruction to
the flow in the POTW, or other interference with the operation of the
POTW;
d. Any pollutant, including oxygen demanding pollutants (e.g., BOD5),
released in a discharge at a flow rate and/or pollutant concentration
which will cause Interference with the POTW:
e. 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 forty (40) degrees
Centigrade (104 degrees Fahrenheit) unless the Approval Authority,
upon request of the POTW, approves alternate temperature limits;
f. Petroleum oil, non -biodegradable cutting oil, or products of mineral oil
origin in amounts that will cause Interference or Pass Through;
g. Pollutants which result in the presence of toxic gases, vapors, or fumes
within the POTW in a quantity that may cause acute worker health and
safety problems;
h. Any trucked or hauled pollutants, except at discharge points designated
by the POTW; and
i. Any specific pollutant which exceeds a local limitation established by
the POTW in accordance with the requirements of 40 CFR Section
403.5(c) and (d);
j. Any other pollutant which may cause Pass Through or Interference.
4. The Permittee shall provide EPA and the Department with adequate notice of
any substantial change in the volume or character of pollutants being
introduced into the treatment works by any Significant Industrial User
introducing pollutants into the treatment works at the time of application for
the discharge permit. For the purposes of this section, "substantial change"
shall mean a level of change which has a reasonable probability of affecting
the Permittee's ability to comply with its permit conditions or to cause a
violation of stream standards applied to the receiving water.
Adequate notice shall include information on:
a. The quality and quantity of effluent to be introduced into the treatment
works, and
b. Any anticipated impact of the change on the quality or quantity of
effluent to be discharged from the publicly owned treatment works.
5. Section 309(f) of the Act provides that the EPA may issue a notice to the
POTW stating that a determination has been made that appropriate
enforcement action must be taken against an industrial user for
noncompliance with any Pretreatment Standards and requirements. The
notice provides the POTW with thirty (30) days to commence such action.
The issuance of such permit notice shall not be construed to limit the
authority of the permit issuing authority or Approval Authority.
6. The EPA and the Department retain, at all times, the right to take legal action
against any source of non -domestic discharge, whether directly or indirectly
controlled by the Permittee, for violations of a permit, order, or similar
enforceable mechanism issued by the Permittee, violations of any
Pretreatment Standard or Requirement, or for failure to discharge at an
acceptable level under national standards issued by the EPA under 40 CFR,
Chapter I, Subchapter N. In those cases where a MPDES permit violation
has occurred because of the failure of the Permittee to properly develop and
enforce Pretreatment Standards and Requirements as necessary to protect the
POTW, EPA and/or the Department shall hold the Permittee responsible and
may take legal action against the Permittee as well as the sources(s) of non -
domestic discharge contributing to the permit violation.
7.