[Code of Federal Regulations]

[Title 40, Volume 28]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR403.9]



[Page 32-34]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 403_GENERAL PRETREATMENT REGULATIONS FOR EXISTING AND NEW SOURCES OF 

POLLUTION--Table of Contents

 

Sec.  403.9  POTW pretreatment programs and/or authorization to revise 

pretreatment standards: Submission for approval.



    (a) Who approves Program. A POTW requesting approval of a POTW 

Pretreatment Program shall develop a program description which includes 

the information set forth in paragraphs (b)(1) through (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 Sec.  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 attorney for those POTWs which have 

independent legal counsel) that the POTW has authority adequate to carry 

out the programs described in Sec.  403.8. This statement shall:

    (i) Identify the provision of the legal authority under Sec.  

403.8(f)(1) which provides the basis for each procedure under Sec.  

403.8(f)(2);

    (ii) Identify the manner in which the POTW will implement the 

program requirements set forth in Sec.  403.8, including the means by 

which Pretreatment Standards will be applied to individual Industrial 

Users (e.g., by order, permit, ordinance, etc.); and,



[[Page 33]]



    (iii) Identify how the POTW intends to ensure compliance with 

Pretreatment Standards and Requirements, and to enforce them in the 

event of noncompliance by Industrial Users;

    (2) A copy of any statutes, ordinances, regulations, 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 of the Program the 

responsible agencies should be identified, their respective 

responsibilities delineated, and their procedures for coordination set 

forth; and

    (4) A description of the funding levels and full- and part-time 

manpower available to implement the Program;

    (c) Conditional POTW program approval. The POTW may request 

conditional approval of the Pretreatment Program pending the acquisition 

of funding and personnel for certain elements of the Program. The 

request for conditional approval must meet the requirements set forth in 

paragraph (b) of this section except that the requirements of paragraph 

(b) of this section, may be relaxed if the Submission demonstrates that:

    (1) A limited aspect of the Program does not need to be implemented 

immediately;

    (2) The POTW had adequate legal authority and procedures to carry 

out those aspects of the Program which will not be implemented 

immediately; and

    (3) Funding and personnel for the Program aspects to be implemented 

at a later date will be available 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 of the needed 

funding and personnel. If funding is not acquired by this date, the 

conditional approval of the POTW Pretreatment Program and any removal 

allowances granted to the POTW, may be modified or withdrawn.

    (d) Content of removal allowance submission. The request for 

authority to revise categorical Pretreatment Standards must contain the 

information required in Sec.  403.7(d).

    (e) Approval authority 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. Within 60 days after receiving the Submission, the 

Approval Authority shall make a preliminary determination of whether the 

Submission meets the requirements of paragraph (b) and, if appropriate, 

(d) of this section. If the Approval Authority makes the preliminary 

determination that the Submission meets these requirements, 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 Sec.  403.11.

    (f) Notification where submission is defective. If, after review of 

the Submission as provided for in paragraph (e) of this section, the 

Approval Authority determines that the Submission does not comply with 

the requirements of paragraph (b) or (c) of this section, and, if 

appropriate, paragraph (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 any 

defects in the Submission and advise the POTW and each person who has 

requested individual notice of the means by which the POTW can comply 

with the applicable requirements of paragraphs (b), (c) of this section, 

and, if appropriate, paragraph (d) of this section.

    (g) Consistency with water quality management plans. (1) In order to 

be approved the POTW Pretreatment Program shall be consistent with any 

approved water quality management plan developed in accordance with 40 

CFR parts 130, 131, as revised, where such 208



[[Page 34]]



plan includes Management Agency designations and addresses pretreatment 

in a manner consistent with 40 CFR part 403. In order to assure such 

consistency the Approval Authority shall solicit the review and comment 

of the appropriate 208 Planning Agency during the public comment period 

provided for in Sec.  403.11(b)(1)(ii) prior to approval or disapproval 

of the Program.

    (2) Where no 208 plan has been approved or where a plan has been 

approved but lacks Management Agency designations and/or does not 

address pretreatment in a manner consistent with this regulation, the 

Approval Authority shall nevertheless solicit the review and comment of 

the appropriate 208 planning agency.



[53 FR 9439, Jan. 28, 1981, as amended at 53 FR 40612, Oct. 17, 1988; 58 

FR 18017, Apr. 7, 1993]