DEPARTMENT OF ENVIRONMENTAL QUALITY

                      ENVIRONMENTAL RESPONSE DIVISION

                               GENERAL RULES


(By authority conferred on the water resources commission  by  sections  2
and 5 of Act No. 245 of the Public Acts of 1929, as amended,  sections  33
and 63 of Act No. 306  of  the  Public  Acts  of  1969,  as  amended,  and
Executive Order No. 1976-8a, being SS323.2, 323.5, 24.233, and  24.263  of
the Michigan Compiled Laws)



                           PART 23. PRETREATMENT

R  323.2301   Purpose and applicability.
  Rule 1. (1) These rules are promulgated to  implement  the  pretreatment
responsibilities under the clean  water  act  and  the  act.  These  rules
establish responsibilities of state and local  government,  industry,  and
the public to control pollutants  which  pass-through  or  interfere  with
treatment  processes  in  publicly  owned  treatment  works,   which   may
contaminate sewage sludge, or which cause publicly owned treatment  works'
worker health and safety problems.
  (2) These rules apply to nondomestic users that discharge pollutants  to
a publicly owned treatment works either directly or indirectly,  including
by truck, rail, or any other means of discharge,  and  apply  to  publicly
owned treatment works that receive pollutants from nondomestic users which
are subject to pretreatment standards.

  History:  1995 AACS.


R  323.2302   Definitions.
  Rule 2. As used in this part:
  (a) "Act" means sections 3101 to 3119 of Act No. 451 of the Public  Acts
of 1994, as amended, being SS324.3101 to 324.3119 of the Michigan Compiled
Laws.
  (b) "Approval authority" means the department of natural resources.
  (c) "Approved program" or "approved pretreatment program"  or  "publicly
owned treatment works' pretreatment program" means a program  administered
by a publicly owned treatment works which meets the  criteria  established
in R 323.2306 and which has been approved by  the  approval  authority  in
accordance with R 323.2308.
  (d) "Average daily flow" means a reasonable measure of the average daily
flow for a 30-day period.
  (e) "Bypass" means the intentional diversion of  wastestreams  from  any
portion of an industrial user's treatment facility needed  for  compliance
with pretreatment standards.
  (f) "Categorical industrial user" means all nondomestic users subject to
categorical pretreatment standards.
  (g) "Categorical pretreatment standard" or "categorical standard"  means
any regulation containing pollutant discharge limits  promulgated  by  the
E.P.A. in accordance with sections 307(b) and (c) of the clean water  act,
33 U.S.C. S1317, which apply to a specific category of  nondomestic  users
and which appear in 40  C.F.R.  chapter  I,  subchapter  N  (1990),  parts
405-471.
  (h) "Clean water act" means the federal water pollution control act,  33
U.S.C. S1251 et seq., as amended.
  (i) "Composite sample" means a collection of  individual  samples  which
are obtained at regular intervals, collected  on  a  time-proportional  or
flow-proportional basis, over a specific time period and which provides  a
representative sample of the average stream during the sampling period.
  (j) "Control authority" means the publicly owned treatment works  if  it
has an approved program or means the approval authority until the publicly
owned treatment works' program is approved.
  (k) "Department"  means  the  director  of  the  department  of  natural
resources or his or her designee.
  (l) "Discharge" means any direct or indirect  discharge  of  any  waste,
waste effluent, wastewater, pollutant, or any combination into any of  the
waters of the state or upon the ground.
  (m) "E.P.A." means the United States environmental protection agency.
  (n) "Grab sample" means a sample is taken from a wastestream on a 1-time
basis over a period of time of not more than 15 minutes without regard  to
the flow in the wastestream.
  (o) "Interference" means a discharge, alone or  in  conjunction  with  a
discharge or discharges from other sources, to which both of the following
provisions apply:
  (i) The discharge inhibits or  disrupts  the  publicly  owned  treatment
works, its treatment processes or operations,  or  its  sludge  processes,
use, or disposal.
  (ii) Pursuant to paragraph (i) of this subdivision, the discharge  is  a
cause of a violation of any requirement of the  publicly  owned  treatment
works' permit, including an increase in the magnitude  or  duration  of  a
violation, or of the prevention  of  sewage  sludge  use  or  disposal  in
compliance with the following  statutory  provisions  and  regulations  or
permits issued thereunder, or more stringent state or  local  regulations:
  (A) Section 405 of the clean water act.
  (B) The solid waste disposal act, 42 U.S.C.  S6901  et  seq.,  including
title II, more commonly referred  to  as  the  resource  conservation  and
recovery act, and including  state  regulations  contained  in  any  state
sludge management plan prepared pursuant to subtitle D of the solid  waste
disposal act.
  (C) The clean air act, 42 U.S.C. S7401 et seq.
  (D) The toxic substances control act, 15 U.S.C. S2601 et seq.
  (E) The marine protection, research,  and  sanctuaries  act,  33  U.S.C.
S1401 et seq.
  (p) "Local limit" means  a  specific  prohibition  or  limit  set  by  a
publicly owned treatment works on discharges by a nondomestic user.
  (q) "Municipality" means a county, city,  village,  township,  district,
association, or other public body created by or under  state  law,  or  an
agency or instrumentality of any of them,  having  jurisdiction  over  the
disposal of wastewater.
  (r)  "New  source"  means  any   building,   structure,   facility,   or
installation from which there is or may  be  a  discharge  and  for  which
construction commenced after  the  publication  of  proposed  pretreatment
standards under section 307(c) of the clean water act will  be  applicable
to the source if the standards are thereafter  promulgated  in  accordance
with section 307(c), and if any of the following provisions apply:
  (i) The building, structure, facility, or installation is constructed at
a site at which no other source is located.
  (ii) The building, structure, facility, or installation totally replaces
the  process  or  production  equipment  that  causes  the  discharge   of
pollutants at an existing source.
  (iii) The production of wastewater-generating processes of the building,
structure, facility, or installation is substantially  independent  of  an
existing source at the same site. The extent to which the new facility  is
engaged in the same general type of activity as the  existing  source  and
the extent of integration of the new  facility  with  the  existing  plant
should be considered in determining whether the process  is  substantially
independent.
  (s) "Nondomestic user" means an industry, commercial  establishment,  or
other entity that discharges wastewater  to  a  publicly  owned  treatment
works other than, or in addition to, sanitary sewage.
  (t) "Pass-through"  means  a  discharge  that  exits  a  publicly  owned
treatment works into state waters in quantities or  concentrations  which,
alone or in conjunction with a discharge or discharges from other sources,
cause a violation of any requirement of the act.
  (u) "Permit" means an  authorization,  license,  or  equivalent  control
document and includes any of the following:
  (i) A nondomestic user permit, which is a control document issued by the
publicly owned treatment works that  controls  the  wastewater  discharges
from nondomestic users into the publicly owned treatment works.
  (ii) A national pollutant  discharge  elimination  system,  which  is  a
permit issued pursuant to section 3112(1) of the act to control wastewater
discharges to the surface waters.
  (iii) A state permit, which is  a  permit  issued  pursuant  to  section
3112(1) of the act to control  wastewater  discharges  of  publicly  owned
treatment works to the groundwaters.
  (v) "Pollutant" means any of the following:
  (i) Substances regulated by categorical standards.
  (ii) Substances discharged to publicly owned treatment  works  that  are
required to be monitored, are limited  in  the  publicly  owned  treatment
works' permit, or are to be identified in  the  publicly  owned  treatment
works' permit application.
  (iii) Substances for which control measures  on  nondomestic  users  are
necessary  to  avoid  restricting  the  publicly  owned  treatment  works'
approved residuals management program.
  (iv) Substances for which control  measures  on  nondomestic  users  are
necessary to avoid operational problems at the  publicly  owned  treatment
works.
  (v) Substances for which control measures  on  nondomestic  sources  are
necessary to avoid worker health and safety  problems  in  publicly  owned
treatment works.
  (w) "Pretreatment" means the reduction of the amount of pollutants,  the
elimination of pollutants, or the alteration of the  nature  of  pollutant
properties in wastewater before or instead  of  discharging  or  otherwise
introducing the pollutants into a  publicly  owned  treatment  works.  The
reduction  or  alteration  may  be  obtained  by  physical,  chemical,  or
biological processes; process changes; or other means, except for the  use
of dilution, unless expressly authorized  by  an  applicable  pretreatment
standard or requirement.
  (x) "Pretreatment  program"  means  a  nondomestic  user  waste  control
program which is required in a publicly owned treatment works'  wastewater
discharge permit or order of the department  and  which  is  developed  in
accordance with R 323.2306.
  (y) "Pretreatment requirements"  means  any  substantive  or  procedural
requirement related to pretreatment, other than a  pretreatment  standard,
imposed on a nondomestic user.
  (z) "Pretreatment standard" means any  regulation  containing  pollutant
discharge limits promulgated in accordance with section 307(b) and (c)  of
the clean water act and the act. This term includes prohibited  discharges
and local limits defined in R 323.2303 and categorical standards.
  (aa) "Publicly owned treatment works" means a treatment  works  that  is
owned by a municipality and includes any devices and systems used  in  the
storage, treatment, recycling, and  reclamation  of  municipal  sewage  or
industrial wastes of a liquid  nature.  The  term  also  includes  sewers,
pipes, and other conveyances if they convey wastewater to a publicly owned
treatment  works.  The  term  also  means  the   municipality   that   has
jurisdiction over the indirect discharges to, and the discharges  from,  a
treatment works.
  (bb) "Sanitary sewage" means water-carried wastes from toilet,  kitchen,
laundry, bathing, or other facilities used for household purposes.
  (cc) "Significant industrial user" means either of the following:
  (i) A nondomestic user subject  to  categorical  pretreatment  standards
under 40 C.F.R. S403 (1992) and 40 C.F.R. chapter I, subchapter N  (1990).
  (ii) A nondomestic user to which 1 of the following provisions  applies:
  (A) The user discharges an average of 25,000 gallons per day or more  of
process wastewater  to  the  publicly  owned  treatment  works,  excluding
sanitary, noncontact cooling, and boiler blowdown wastewater.
  (B) The user contributes a process wastestream that makes up 5% or  more
of the average dry weather hydraulic or organic capacity of  the  publicly
owned treatment works.
  (C) The user is designated as  a  significant  industrial  user  by  the
control authority on the basis that the user has  a  reasonable  potential
for adversely affecting the publicly owned treatment works'  operation  or
for violating any pretreatment standard or requirement.
  (iii) Upon a finding that a nondomestic user  meeting  the  criteria  in
paragraph (ii)  of  this  subdivision  has  no  reasonable  potential  for
adversely affecting the publicly owned treatment works' operation  or  for
violating any pretreatment standard or requirement, the control  authority
may, at any time, on its own initiative  or  in  response  to  a  petition
received from a  nondomestic  user  or  publicly  owned  treatment  works,
determine that a nondomestic user is not a significant  nondomestic  user.
  (dd) "Significant noncompliance" means any of the following:
  (i) Chronic  violations  of  wastewater  discharge  limits,  defined  as
results of analyses in which 66% or more of all of the measurements  taken
during a 6-month period exceed, by any magnitude, the daily maximum  limit
or the average limit for the same pollutant parameter.
  (ii)  Technical  review  criteria  violations,  defined  as  results  of
analyses in which 33%  or  more  of  all  of  the  measurements  for  each
pollutant parameter taken during a 6-month  period  equal  or  exceed  the
product of the daily maximum limit or the average limit multiplied by  the
applicable technical review criteria. Technical review criteria equals 1.4
for conventional pollutants and 1.2 for all other pollutants,  except  pH.
  (iii) Any other  violation  of  a  pretreatment  effluent  limit,  daily
maximum, or longer-term average that the control authority determines  has
caused, alone or in combination with  other  discharges,  interference  or
pass-through, including endangering the health of publicly owned treatment
works' personnel or the general public.
  (iv) Any discharge of a pollutant that has caused imminent  endangerment
to human health, welfare, or  the  environment  or  has  resulted  in  the
publicly owned treatment works' exercise of its emergency authority  under
R 323.2306(a)(vi) to halt or prevent the discharge.
  (v) Failure  to  meet,  within  90  days  after  the  schedule  date,  a
compliance schedule milestone contained in a local  control  mechanism  or
enforcement order for starting construction, completing  construction,  or
attaining final compliance.
  (vi) Failure to provide, within 30 days after  the  due  date,  required
reports, such as baseline monitoring reports, 90-day  compliance  reports,
periodic  self-monitoring  reports,  and  reports   on   compliance   with
compliance schedules.
  (vii) Failure to accurately report noncompliance.
  (viii) Any other violation or  group  of  violations  that  the  control
authority determines will adversely affect the operation or implementation
of the local pretreatment program.
  (ee) "Slug discharge" means any  discharge  of  a  nonroutine,  episodic
nature, including an accidental spill or noncustomary batch discharge.
  (ff) "Trade secret" means the whole or  any  portion  or  phase  of  any
manufacturing proprietary process or method which is not  patented,  which
is secret, which is useful in compounding an article  of  trade  having  a
commercial value, and the secrecy of which the owner has taken  reasonable
measure to prevent from becoming available to  persons  other  than  those
selected by the owner to have access for limited  purposes.  Trade  secret
shall not be construed, for  purposes  of  these  rules,  to  include  any
information regarding the quantum or character of waste products or  their
constituents discharged, or sought to be  discharged,  into  the  publicly
owned treatment works.
  (gg)  "Upset"  means  an  exceptional  incident  in   which   there   is
unintentional and temporary noncompliance  with  categorical  pretreatment
standards  because  of  factors  beyond  the  reasonable  control  of  the
nondomestic user. An upset does not include noncompliance  to  the  extent
caused by operational error,  improperly  designed  treatment  facilities,
inadequate  treatment  facilities,  lack  of  preventive  maintenance,  or
careless or improper operation.
  (hh) "Wastewater" means water resulting from industrial  and  commercial
processes and municipal  operations,  including  liquid  or  water-carried
process waste, cooling and condensing waters, and sanitary sewage.

  History:  1995 AACS.


R  323.2303   Pretreatment standards.
  Rule 3. (1) A nondomestic user may not introduce into any publicly owned
treatment works any pollutant that causes  pass-through  or  interference.
The control authority  shall  investigate  instances  of  pass-through  or
interference and  take  appropriate  enforcement  action  and  inform  the
responsible nondomestic user of the impact. The  general  prohibitions  of
this subrule and the specific prohibitions in subrule  (2)  of  this  rule
apply to each nondomestic user  introducing  pollutants  into  a  publicly
owned treatment works whether or not the nondomestic user  is  subject  to
any  other  national,  state,   or   local   pretreatment   standards   or
requirements.
  (2) In addition to the requirements of subrule (1)  of  this  rule,  the
following substances  shall  not  be  introduced  into  a  publicly  owned
treatment works:
  (a) Pollutants that create a fire or explosion hazard  in  the  publicly
owned treatment works, including  wastestreams  that  have  a  closed  cup
flashpoint of less than 140 degrees Fahrenheit or  60  degrees  Centigrade
using the test methods specified in 40 C.F.R. S261.21 (1990).
  (b) Pollutants that  will  cause  corrosive  structural  damage  to  the
publicly owned treatment works. Discharges that have a pH lower  than  5.0
shall not be discharged, unless the  publicly  owned  treatment  works  is
specifically designed to accommodate the discharges and has been  approved
by the approval authority.
  (c) Solid or viscous pollutants in amounts that will  cause  obstruction
to  the  flow  in  the  publicly  owned  treatment  works   resulting   in
interference.
  (d) Any pollutant, including oxygen-demanding pollutants, released in  a
discharge at a flow  rate  or  pollutant  concentration  that  will  cause
interference with the publicly owned treatment works.
  (e) Heat that will inhibit biological activity  in  the  publicly  owned
treatment works resulting in  interference,  and  in  no  case  heat  that
produces a temperature at the publicly owned treatment works of more  than
40  degrees  Celsius  (104  degrees  Fahrenheit),  unless   the   approval
authority, at the request of the publicly owned treatment works,  approves
alternate temperature limits as part of the approved program.
  (f) Petroleum oil, nonbiodegradable cutting oil, or products of  mineral
oil origin in amounts that will cause interference or pass-through.
  (g) Pollutants that result in the presence of toxic  gases,  vapors,  or
fumes within the publicly owned treatment works in  a  quantity  that  may
cause acute worker health or safety problems.
  (h) Any  trucked  or  hauled  pollutants,  except  at  discharge  points
designated by the publicly owned treatment works, but only when trucked or
hauled in compliance with the state and federal hazardous waste and liquid
industrial waste laws.
  (3) A nondomestic user shall have an affirmative defense in  any  action
brought against it  alleging  a  violation  of  the  general  prohibitions
established in subrule (1) of this rule and the specific  prohibitions  in
subrule (2)(c), (d), (e), and (f) of this rule if the user can demonstrate
both of the following:
  (a) It did not know or have reason to know that its discharge, alone  or
in conjunction with a discharge or discharges from  other  sources,  would
cause pass-through or interference.
  (b) A local limit designed to prevent pass-through or  interference  was
developed in accordance with subrule (4) of this rule for  each  pollutant
in the user's discharge that caused pass-through or interference, and  the
user was in compliance with each local limit directly  before  and  during
the pass-through or interference, or if a local limit designed to  prevent
pass-through or interference has not been  developed  in  accordance  with
subrule (4) of this rule for the pollutant that caused the pass-through or
interference,  the  user's  discharge  directly  before  and  during   the
pass-through or interference did not change  substantially  in  nature  or
constituents from the user's prior discharge activity  when  the  publicly
owned treatment works  was  regularly  in  compliance  with  its  national
pollutant discharge elimination system permit  requirements  and,  in  the
case of interference, applicable requirements for  sewage  sludge  use  or
disposal.
  (4) All of the following provisions apply to local limits:
  (a) Publicly owned treatment works  required  by  permit  to  develop  a
pretreatment program shall develop and enforce local limits  to  implement
the prohibitions listed in  subrules  (1)  and  (2)  of  this  rule.  Each
publicly owned treatment works that has an approved  pretreatment  program
shall review and update the local limits, as follows:
  (i) When new pollutants are introduced.
  (ii) When new pollutants that are previously unevaluated are identified.
  (iii) When substantial increases of pollutants are proposed as  required
in the notification of new  or  increased  uses  in  accordance  with  the
provisions of 40 C.F.R. S122.42 (1990).
  (iv) As required in a national pollutant  discharge  elimination  system
permit  application  in  accordance  with  the  provisions  of  40  C.F.R.
S122.21(j)(4) (1990).
  (b) In addition to the requirements of subdivision (a) of this  subrule,
each publicly owned treatment works shall  evaluate  the  need  for  local
limits for all pollutants of concern. At a  minimum,  the  publicly  owned
treatment works shall evaluate the following parameters for local  limits:
arsenic,  cadmium,  chromium,  copper,  cyanide,  lead,  mercury,  nickel,
silver, and zinc. Sufficient representative data  shall  be  obtained  for
determining the limits by  performing  any  of  the  following  monitoring
plans:
  (i) One sample each per month for a year of wastewater  treatment  plant
influent, effluent, sludge, discharges at other locations, as appropriate,
and sanitary sewage, with not less than 2 separate  sampling  events  each
weekday, Monday to Friday.
  (ii) Six samples each taken over a 4-week period of wastewater treatment
plant influent,  effluent,  sludge,  discharges  at  other  locations,  as
appropriate, and sanitary sewage, with at  least  1  sampling  event  each
weekday, Monday to Friday.
  (iii) An alternative plan, which may include historical data,  which  is
approved by the approval authority.
  (c) Local limits shall not be  adopted  without  public  notice  and  an
opportunity to respond.
  (d) Where local limits are developed by a publicly owned treatment works
in accordance with this subrule, the limits shall be  deemed  pretreatment
standards.
  (5) The department retains the right to issue orders or may  take  other
direct enforcement action against nondomestic users. The department  shall
notify the control authority of any action.
  (6) The control authority or any agent duly appointed by the  department
shall have the right to enter the property  of  any  nondomestic  user  at
reasonable times for the purpose of inspection and sampling.  The  control
authority or the agent shall be allowed  access  at  reasonable  times  to
facilities and records required to be kept by the nondomestic user for the
purpose of gathering information to determine  applicability,  compliance,
or noncompliance with these rules.

  History:  1995 AACS.


R  323.2304   Effect of rules on local law.
  Rule 4. Nothing in these rules is intended to  affect  any  pretreatment
standards and requirements established by local law if the local standards
and  requirements  are  at  least  as  stringent  as  any  standards   and
requirements set forth in national pretreatment  standards  or  any  other
requirements or prohibitions established under the clean water act or  the
act.

  History:  1995 AACS.


R  323.2305   Pretreatment program applicability.
  Rule 5. (1) A state permit or national pollutant  discharge  elimination
system permit issued to a publicly owned  treatment  works  shall  contain
requirements for pretreatment program development and implementation  when
the department determines that it is necessary to control the introduction
of pollutants into the publicly owned  treatment  works  from  nondomestic
users.
  (2) A publicly owned treatment works shall  develop  and  implement  its
pretreatment program according to the following criteria  if  required  by
order of the department or by its permit:
  (a) A publicly owned treatment works which has a total  design  flow  of
more than 5 million gallons per day and which receives,  from  nondomestic
users, pollutants that may pass-through or interfere with the operation of
the publicly owned treatment works or are otherwise subject to categorical
pretreatment standards is subject to the federal  industrial  pretreatment
program as set forth in R 323.2306.
  (b) A publicly owned treatment works which has a total design flow of  5
million gallons per day or less and which receives from nondomestic users,
pollutants that may pass-through or interfere with the  operation  of  the
publicly owned treatment works or are  otherwise  subject  to  categorical
pretreatment standards is subject to the Michigan industrial  pretreatment
program, unless the department requires a federal industrial  pretreatment
program, as set forth in R 323.2306.
  (c) A publicly owned treatment works which has  a  state  permit  issued
under the act to discharge to the groundwater and  which  has  nondomestic
users that may cause interference with the publicly owned treatment  works
or permit violations or has nondomestic users that are  otherwise  subject
to  categorical  pretreatment  standards  is  subject  to   the   Michigan
industrial pretreatment program as set forth in R 323.2306.
  (3) A publicly owned treatment works that is required by  order  of  the
department or discharge  permit  to  develop  an  industrial  pretreatment
program shall submit an approvable program not later  than  1  year  after
written notification.

  History:  1995 AACS.


R  323.2306   Industrial   pretreatment   program   requirements;    legal
  authority.
  Rule  6.  A  publicly  owned  treatment  works  subject  to   industrial
pretreatment program requirements in accordance with R  323.2305(2)  shall
develop a pretreatment program based, at a minimum, on the following legal
authority and procedures:
  (a) The publicly owned treatment works shall operate pursuant  to  legal
authority enforceable in  federal  or  state  courts  that  authorizes  or
enables the publicly owned treatment works to apply  and  to  enforce  the
requirements of section 3109 of the act and sections 307(b)  and  (c)  and
402(b)(8) of the clean water act and any rules or regulations implementing
those sections within its service area. The authority may be contained  in
a statute,  ordinance,  or  series  of  contracts  or  interjurisdictional
agreements which the publicly  owned  treatment  works  is  authorized  to
enact, enter into, or implement and which are authorized by state law.  At
a minimum, the legal authority shall enable the publicly  owned  treatment
works to do all of the following:
  (i) Deny or condition new or increased contributions of  pollutants,  or
changes in the nature of pollutants, to the publicly owned treatment works
by nondomestic users  where  the  contributions  do  not  meet  applicable
pretreatment standards and requirements or where the  contributions  would
cause the publicly owned treatment works to violate its national pollutant
discharge elimination system permit.
  (ii) Require  compliance  with  applicable  pretreatment  standards  and
requirements by nondomestic users.
  (iii) Control, through permit, the contribution to  the  publicly  owned
treatment works by each significant industrial user to  ensure  compliance
with applicable pretreatment standards and requirements. Permits shall  be
enforceable and contain, at a minimum, the following conditions:
  (A) A statement of the duration of the permit, which shall not  be  more
than 5 years.
  (B) A statement of permit nontransferability without prior  notification
to the publicly owned treatment works and  provision  of  a  copy  of  the
existing permit to the new owner or operator.
  (C) Effluent limits based on applicable general pretreatment  standards,
categorical pretreatment standards, local limits, and state and local law.
  (D)   Self-monitoring,   sampling,    reporting,    notification,    and
recordkeeping requirements, including identification of the pollutants  to
be monitored, sampling location,  sampling  frequency,  and  sample  type,
based  on  the  applicable  general  pretreatment  standards,  categorical
pretreatment standards, local limits, and state and local law.
  (E) A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements and any  applicable  compliance
schedule.  The  schedule  may  not  extend  the  compliance  date   beyond
applicable federal deadlines.
  (iv)  Require  the  development  of  a  compliance  schedule   by   each
nondomestic user for the  installation  of  technology  required  to  meet
applicable  pretreatment  standards  and  requirements  and  require   the
submission of all notices and  self-monitoring  reports  from  nondomestic
users that are necessary to assess and assure  compliance  by  nondomestic
users with pretreatment standards and requirements, including the  reports
required in R 323.2310.
  (v) Carry out all inspection, surveillance,  and  monitoring  procedures
necessary to determine, independent of information supplied by nondomestic
users, compliance or noncompliance with applicable pretreatment  standards
and requirements by nondomestic users.  Representatives  of  the  publicly
owned treatment works shall be authorized to enter  any  premises  of  any
nondomestic user in which  a  discharge  source  or  treatment  system  is
located or in which records are required to be kept under  R  323.2310  to
assure compliance with pretreatment standards.
The authority shall be at least as extensive  as  the  authority  provided
under section 308 of the clean water act and section 3105 of the act.
  (vi) Obtain remedies for noncompliance by any nondomestic user with  any
pretreatment standard and requirement. All publicly owned treatment  works
shall be able to seek injunctive relief for noncompliance  by  nondomestic
users with pretreatment standards and  requirements.  All  publicly  owned
treatment works shall also have authority  to  seek  or  assess  civil  or
criminal penalties as authorized  by  state  law  for  each  violation  by
nondomestic users of pretreatment standards and requirements. Pretreatment
requirements that will be enforced through the remedies  in  this  subrule
include the following:
  (A) The duty to allow or carry out  inspections,  entry,  or  monitoring
activities.
  (B) Any rules, regulations, or  orders  issued  by  the  publicly  owned
treatment works.
  (C) Any requirements set forth in permits issued by the  publicly  owned
treatment works.
  (D) Any reporting requirements imposed by the publicly  owned  treatment
works or these rules.
The publicly owned treatment works shall have  authority  and  procedures,
after informal notice to the discharger, to  immediately  and  effectively
halt or  prevent  any  discharge  of  pollutants  to  the  publicly  owned
treatment  works  that  reasonably  appears   to   present   an   imminent
endangerment to the health or  welfare  of  persons.  The  publicly  owned
treatment works shall also have  authority  and  procedures,  which  shall
include notice to the affected nondomestic users  and  an  opportunity  to
respond, to halt or prevent any discharge to the publicly owned  treatment
works which presents or may present an endangerment to the environment  or
which threatens to interfere with the  operation  of  the  publicly  owned
treatment works.
  (vii) Comply with  the  confidentiality  requirements  set  forth  in  R
323.2314.
  (b)  All  local  units  of  government  that  collect  wastewater   from
nondomestic  sources  shall  be  responsible  for  the   development   and
implementation of a pretreatment program  that  effectively  controls  the
introduction of pollutants into  the  sewer  system  consistent  with  the
program developed by the permittee where  the  permittee  is  required  to
develop or implement a pretreatment program by its permit.
  (c) The publicly owned  treatment  works  shall  develop  and  implement
procedures to ensure compliance with the requirements  of  a  pretreatment
program. At a minimum, these procedures shall enable  the  publicly  owned
treatment works to do all of the following:
  (i) Identify and locate all possible nondomestic  users  that  might  be
subject to the publicly owned treatment works' pretreatment  program.  Any
compilation, index, or inventory of  nondomestic  users  made  under  this
paragraph shall be made available to the approval authority upon  request.
  (ii) Identify the character and volume of pollutants contributed to  the
publicly owned treatment works by the nondomestic users  identified  under
subdivision (b)(i) of this rule. The information shall be  made  available
to the approval authority upon request.
  (iii) Notify nondomestic users identified under  subdivision  (b)(i)  of
this  rule  of  applicable  pretreatment  standards  and  any   applicable
requirements under sections 204(b) and 405 of  the  clean  water  act  and
subtitles C and D of the resource conservation and recovery act  of  1976,
as amended, 42 U.S.C. S6901 et seq. Publicly owned treatment works subject
to a Michigan industrial pretreatment program are not required  to  inform
nondomestic users of subtitles C and D of the  resource  conservation  and
recovery act requirements. Within  30  days  of  approval  of  a  list  of
significant industrial users pursuant to subdivision (h) of this rule, the
publicly owned treatment works shall notify  each  significant  industrial
user of its status and of all requirements applicable to  the  user  as  a
result of its status.
  (iv) Receive and  analyze  self-monitoring  reports  and  other  notices
submitted by nondomestic users  in  accordance  with  the  self-monitoring
requirements in R 323.2310.
  (v) Randomly sample and analyze the effluent from nondomestic users  and
conduct surveillance activities to identify,  independent  of  information
supplied  by  nondomestic  users,   compliance   or   noncompliance   with
pretreatment  standards.  Inspect  and  sample  the  effluent  from   each
significant industrial user at least once a year. Evaluate, at least  once
every 2 years, whether each significant industrial user needs  a  plan  to
control slug discharges. Publicly  owned  treatment  works  subject  to  a
Michigan industrial pretreatment program  are  not  required  to  evaluate
whether  significant  industrial  users  need  a  plan  to  control   slug
discharges. The results of  the  activities  shall  be  available  to  the
approval authority upon request. If the  publicly  owned  treatment  works
decides that a slug control plan is needed, the plan shall contain,  at  a
minimum, the following elements:
  (A) A description of discharge  practices,  including  nonroutine  batch
discharges.
  (B) A description of stored chemicals.
  (C) Procedures for immediately notifying the  publicly  owned  treatment
works of slug discharges, including any discharge  that  would  violate  a
prohibition under R 323.2303(2), with  procedures  for  follow-up  written
notification within 5 days.
  (D)  If  necessary,  procedures  to  prevent  an  adverse  impact   from
accidental spills, including any of the following:
  (1) Inspection and maintenance of storage areas.
  (2) Handling and transfer of materials.
  (3) Loading and unloading operations.
  (4) Control of plant site runoff.
  (5) Worker training.
  (6) Building of containment structures or equipment.
  (7)  Measures  for  containing  toxic  organic   pollutants,   including
solvents.
  (8) Measures and equipment necessary for emergency response.
  (vi) Investigate instances of noncompliance with pretreatment  standards
and requirements as indicated in the reports and notices required under  R
323.2310,  or  indicated  by  analysis,   inspection,   and   surveillance
activities described in subdivision (b)(v) of this rule. Sample taking and
analysis and the collection of other information shall be  performed  with
sufficient care to produce evidence admissible in enforcement  proceedings
or in judicial actions.
  (d) Publicly owned  treatment  works  that  have  pretreatment  programs
required  by  these  rules  shall   comply   with   public   participation
requirements.  The  public  participation   requirements   shall   include
provision  for  at  least  annual  public  notification,  in  the  largest
newspaper circulated in the  municipality  in  which  the  publicly  owned
treatment works is located, of nondomestic users that, at any time  during
the previous 12 months, were in significant noncompliance, as defined in R
323.2302(dd), with applicable pretreatment requirements. However, publicly
owned treatment  works  subject  to  a  Michigan  industrial  pretreatment
program shall annually publish only categorical industrial users that  are
in significant noncompliance.
  (e) The publicly owned treatment works shall have  sufficient  resources
and qualified personnel  to  carry  out  the  authorities  and  procedures
described in subrules (a), (b), (c), and (d) of this rule.
  (f) The publicly owned treatment works shall  develop  local  limits  as
required in R  323.2303(4)  or  demonstrate  that  local  limits  are  not
necessary.
  (g) The publicly owned treatment works shall develop  and  implement  an
enforcement response plan. The  plan  shall  contain  detailed  procedures
indicating how a publicly  owned  treatment  works  will  investigate  and
respond to instances of nondomestic user noncompliance. The plan shall, at
a minimum, be in compliance with all of the following provisions:
  (i) Describe how the publicly owned  treatment  works  will  investigate
instances of noncompliance.
  (ii) Describe the types of escalating enforcement responses the publicly
owned treatment works will take in response to all  anticipated  types  of
nondomestic user violations and the time periods  within  which  responses
will take place.
  (iii) Identify, by title, the official  responsible  for  each  type  of
response.
  (iv) Adequately reflect the  publicly  owned  treatment  works'  primary
responsibility to enforce all  applicable  pretreatment  requirements  and
standards.
  (h) The publicly owned treatment works  shall  prepare  a  list  of  its
nondomestic users that meet the user criteria in R 323.2302(cc). The  list
shall  identify  the  criteria  in  R  323.2302(cc)  applicable  to   each
nondomestic user and, for nondomestic users that meet the  criteria  in  R
323.2302(cc)(ii), shall also indicate whether the publicly owned treatment
works has made a determination pursuant to R  323.2302(cc)(iii)  that  the
nondomestic user should not be considered a significant  industrial  user.
The list and any  subsequent  modifications  shall  be  submitted  to  the
approval authority as a nonsubstantial program modification pursuant to  R
323.2309. Discretionary designations or  de-designations  by  the  control
authority shall be deemed to be approved by the approval authority 90 days
after submission  of  the  list  or  modifications,  unless  the  approval
authority determines that a modification is a substantial modification.
Unless otherwise noted, the provisions specified in  this  rule  apply  to
both the  federal  and  the  Michigan  industrial  pretreatment  programs.
Subdivisions (c)(iii) and (v) and (d) of this rule provide  exceptions  to
program requirements for the Michigan industrial pretreatment program.

  History:  1995 AACS.


R  323.2307   Publicly  owned  treatment  works'  pretreatment   programs;
  submissions for approval.
  Rule 7. (1) A publicly owned treatment works  shall  submit  a  complete
pretreatment program to the approval authority as required by  its  permit
or by order of the department. The pretreatment program shall contain  all
of the following information:
  (a) A statement from the municipal attorney or a city official acting in
a comparable capacity, or the attorney  for  a  publicly  owned  treatment
works  that  has  independent  legal  counsel,  that  the  publicly  owned
treatment works has adequate authority to carry out the program  described
in R 323.2306. The statement shall identify all of the following:
  (i) The provision of legal authority under R 323.2306(a)  that  provides
the basis for each procedure under R 323.2306(b).
  (ii) The manner  in  which  the  publicly  owned  treatment  works  will
implement the program requirements set forth in R  323.2306(a),  including
the means by which pretreatment standards will be  applied  to  individual
nondomestic users by permit.
  (iii)  How  the  publicly  owned  treatment  works  intends  to   ensure
compliance with pretreatment standards and  requirements  and  to  enforce
them in the event of noncompliance by nondomestic users.
  (b) A copy of any  statutes,  ordinances,  regulations,  agreements,  or
other authorities relied upon by the publicly owned  treatment  works  for
its  administration  of  the  program.  The  submission  shall  include  a
statement reflecting the endorsement or approval of the  local  boards  or
bodies responsible for supervising or funding the publicly owned treatment
works' pretreatment program if approved.
  (c) A brief description, including organization charts, of the  publicly
owned treatment works' organization that will administer the  pretreatment
program. If more than 1 agency is responsible for  administration  of  the
program, the responsible agencies shall be  identified,  their  respective
responsibilities delineated, and their  procedures  for  coordination  set
forth.
  (d) A description of the funding levels and full- and part-time manpower
available to implement the program.
  (2) A request for authority to revise categorical pretreatment standards
for  removal  credits  shall  contain  the  information  required   in   R
323.2313(a).
  (3)  Any  publicly  owned  treatment  works  requesting  publicly  owned
treatment  works'  pretreatment  program  approval  shall  submit  to  the
approval authority 3 copies of the submission  described  in  subrule  (1)
and, if appropriate, subrule (2)  of  this  rule.  Within  60  days  after
receiving the submission, the approval authority shall make a  preliminary
determination of whether the submission meets the requirements of  subrule
(1) and, if appropriate,  subrule  (2)  of  this  rule.  If  the  approval
authority makes the preliminary determination that  the  submission  meets
these requirements, the approval authority shall do both of the following:
  (a) Notify the publicly owned treatment works that  the  submission  has
been received and is under review.
  (b) Commence the public notice and evaluation activities set forth in  R
323.2308.
  (4) If, after review of the submission as provided for in subrule (3) of
this rule, the approval authority determines that the submission does  not
comply with the requirements of subrule (1) and, if  appropriate,  subrule
(2) of this rule, the approval authority shall provide notice, in writing,
to the applying publicly owned treatment works and  each  person  who  has
requested individual notice.
The notification shall identify any defects in the submission  and  advise
the publicly owned treatment works  and  each  person  who  has  requested
individual notice of the means by which the publicly owned treatment works
can comply with  the  applicable  requirements  of  subrule  (1)  and,  if
appropriate, subrule (2) of this rule.

  History:  1995 AACS.


R  323.2308   Approval procedures  for  publicly  owned  treatment  works'
  pretreatment programs.
  Rule 8. (1) The following procedures shall apply to approvals or denials
of publicly owned treatment works' pretreatment programs and  applications
for removal credit authorization:
  (a) The approval authority shall have 90 days from the  date  of  public
notice of any submission complying with the  requirements  of  R  323.2307
and, where removal  credit  authorization  is  sought,  complying  with  R
323.2307  and  R  323.2313(a)  to  review  the  submission.  The  approval
authority shall review the submission to  determine  compliance  with  the
requirements of R 323.2306 and,  where  removal  credit  authorization  is
sought, with R 323.2313(a). The approval  authority  may  have  up  to  an
additional 90 days to complete the evaluation of  the  submission  if  the
public comment period provided for in this rule is extended beyond 30 days
or if a public hearing is held as provided for in subdivision  (b)(ii)  of
this subrule. The time for evaluation of the submission shall not be  more
than a total of 180 days from the date of public notice  of  a  submission
meeting the requirements of R 323.2307 and,  in  the  case  of  a  removal
credit application, R 323.2307 and R 323.2313(a).
  (b) Upon receipt of a submission, the approval authority shall  commence
its review. Within 20 work  days  after  making  a  determination  that  a
submission meets  the  requirements  of  R  323.2307  and,  where  removal
allowance approval is sought, R 323.2307 and R 323.2313(a),  the  approval
authority shall do both of the following:
  (i) Issue a public notice of request for approval of the submission. The
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 all  of  the
following:
  (A) Mailing notices of the request for approval of the submission to any
person or group who has requested individual notice,  including  those  on
appropriate mailing lists.
  (B) Publication of a notice of request for approval of the submission in
a newspaper circulated within the  jurisdiction  served  by  the  publicly
owned treatment works.
  (C) The public notice shall provide a period of not less  than  30  days
following the date of the public notice during  which  interested  persons
may submit their written views on the submission.
  (D) All written comments submitted  during  the  30-day  comment  period
shall be retained by the approval authority and considered in the decision
on whether or not to approve the submission. The period for comment may be
extended at the discretion of the approval authority.
  (ii) Provide an opportunity for the applicant, any interested  state  or
federal agency, or person or group of persons to request a public  hearing
with respect to the submission. The request for public  hearing  shall  be
filed within the 30-day comment period  or  the  extended  comment  period
provided in this rule and shall indicate the interest of the person filing
the request and the reasons why  a  hearing  is  warranted.  The  approval
authority shall hold a hearing  if  the  publicly  owned  treatment  works
requests a hearing. 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 and a request for a hearing has  been  made.
Instances of doubt shall be resolved in  favor  of  holding  the  hearing.
Public notice of a hearing to consider  a  submission  and  sufficient  to
inform interested parties of the nature 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  this  rule.  In
addition, notice of the hearing shall  be  sent  to  persons  who  request
individual notice.
  (2) At the end of the 30-day  comment  period  or  an  extended  comment
period as specified in subrule (1)(b)(i)(C)  and  (D)  of  this  rule  and
within the 90-day period or the extended comment period  provided  for  in
this rule, the approval authority shall approve  or  deny  the  submission
based upon the evaluation in accordance with this  rule  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 notify the
publicly  owned  treatment  works  and  each  person  who  has   requested
individual notice of the denial. The notification shall include  suggested
modifications  and  the  approval  authority  may  allow   the   requestor
additional time to bring the submission into  compliance  with  applicable
requirements.
  (3) The approval authority shall notify persons who  submitted  comments
and participated in the public  hearing,  if  held,  of  the  approval  or
disapproval of the submission. In addition, the approval  authority  shall
cause to be published a notice of its decision in a  newspaper  circulated
within the jurisdiction served by the publicly owned treatment  works  and
of incorporation of the approved pretreatment program  into  the  publicly
owned treatment works' permit. The approval authority shall  identify,  in
any notice of a  publicly  owned  treatment  works'  pretreatment  program
approval, any authorization to modify categorical  pretreatment  standards
for removal credits in accordance with R 323.2313(a).

  History:  1995 AACS.


R  323.2309   Modification of publicly owned treatment works' pretreatment
  programs.
  Rule 9. (1) Either the approval authority or a publicly owned  treatment
works that has an approved publicly owned  treatment  works'  pretreatment
program may initiate program modification at any time to reflect  changes.
Program modification is necessary when there is a  significant  change  in
the operation in the publicly owned treatment works' pretreatment  program
that differs from the information in the publicly owned  treatment  works'
submission, as approved under R 323.2308.
  (2) Publicly owned treatment works' pretreatment  program  modifications
shall be accomplished as follows:
  (a) For substantial modifications, as defined in  subrule  (3)  of  this
rule, the following provisions shall be complied with:
  (i) The publicly owned treatment works shall  submit,  to  the  approval
authority, a statement of  the  basis  for  the  desired  modification,  a
modified program description (see R 323.2307(1)), or other documents  that
the approval authority determines to be necessary under the circumstances.
  (ii) The approval authority shall  approve  or  disapprove  the  federal
industrial pretreatment program modification based on the requirements  of
R 323.2306 following the procedures in R 323.2308. The approval  authority
shall approve or disapprove the Michigan industrial  pretreatment  program
modification.
  (iii) The federal industrial pretreatment program modification shall  be
incorporated into the publicly owned treatment works'  national  pollutant
discharge elimination system permit after approval.  The  permit  will  be
modified to incorporate the approved modification in  accordance  with  40
C.F.R. S122.63(g)  (1990).  Michigan   industrial   pretreatment   program
modifications will be incorporated at the time  of  permit  reissuance  or
modification.
  (iv) The modification  shall  become  effective  upon  approval  by  the
approval authority. Notice of the federal industrial pretreatment  program
approval shall be published in the same newspaper as  the  notice  of  the
original request for approval of the modification under R 323.2308(3).
  (b) The publicly owned treatment works  shall  notify,  in  a  statement
similar to that provided for in subdivision (a)(i) of  this  subrule,  the
approval authority  of  any  other  nonsubstantial  modifications  to  its
federal industrial pretreatment program not less than 30 days before  they
are to be implemented by the publicly owned treatment works.
The nonsubstantial program modifications shall be deemed to be approved by
the approval authority 90 days after the submission of the publicly  owned
treatment works' statement, unless the approval authority determines  that
a modification submitted is a substantial modification. Following approval
by the approval authority, the modifications shall  be  incorporated  into
the  publicly  owned  treatment  works'  permit  in  accordance  with   40
C.F.R. S122.63(g) (1990). If the  approval  authority  determines  that  a
modification reported by a publicly owned treatment works in its statement
is a substantial modification, the approval  authority  shall  notify  the
publicly owned treatment works and initiate the procedures in  subdivision
(a) of this rule.
  (3) The following are substantial modifications  for  purposes  of  this
section:
  (a) Changes to the publicly owned treatment works' legal authorities.
  (b) Changes to local limits that result in less stringent local  limits.
  (c) Change to the  publicly  owned  treatment  works'  nondomestic  user
permit procedure, as described in R 323.2306(a)(iii).
  (d)  Changes  to  the  publicly  owned  treatment  works'   method   for
implementing categorical pretreatment standards.
  (e) A decrease in the frequency of self-monitoring or reporting required
of nondomestic users.
  (f) A decrease in the  frequency  of  nondomestic  user  inspections  or
sampling by the publicly owned treatment works.
  (g) Changes to  the  publicly  owned  treatment  works'  confidentiality
procedures.
  (h) Significant  reductions  in  the  publicly  owned  treatment  works'
pretreatment   program   resources,   including   personnel   commitments,
equipment, and funding levels.
  (i) Changes in the publicly owned treatment works' sludge  disposal  and
management practices.
  (4) The approval authority may designate other  specific  modifications,
in addition to those listed in subrule (3) of this  rule,  as  substantial
modifications.
  (5) A modification that is not included in subrule (3) of this rule is a
substantial modification for purposes of this rule if any of the following
provisions apply to the modification:
  (a) It would have a significant impact on the operation of the  publicly
owned treatment works' pretreatment program.
  (b) It would result in an increase in pollutant loadings at the publicly
owned treatment works.
  (c) It would result in less  stringent  requirements  being  imposed  on
nondomestic users of the publicly owned treatment works.

  History:  1995 AACS.


R  323.2310   Reporting requirements for publicly  owned  treatment  works
  and nondomestic users.
  Rule 10. (1) The control authority may require the submission of data in
a standardized format.
  (2)  Within  180  days  after  the  effective  date  of  a   categorical
pretreatment standard, or 180 days after the final administrative decision
made  upon  a  category  determination  submission  under  R  323.2311(2),
whichever is later, existing nondomestic users subject to the  categorical
pretreatment  standards  and  currently  discharging,  or   scheduled   to
discharge, to a publicly  owned  treatment  works  shall  be  required  to
submit, to the control authority,  a  report  that  contains  all  of  the
information listed in this rule. Where reports containing this information
already have been  submitted  to  the  approval  authority  or  E.P.A.  in
compliance with the requirements of  40  C.F.R.  S128.140(b)  (1977),  the
nondomestic user will not be required to submit the information again. Not
less than 90 days before the commencement of  a  discharge,  sources  that
become nondomestic users subsequent to the promulgation of  an  applicable
categorical standard and new sources shall be required to submit,  to  the
control authority, a  report  that  contains  the  information  listed  in
subdivisions (a) to (e)  of  this  subrule.  New  sources  shall  also  be
required  to  include  in  this  report  information  on  the  method   of
pretreatment the source intends to use  to  meet  applicable  pretreatment
standards. New sources shall give estimates of the  information  requested
in subdivisions (d) and (e) of this rule. All of the following information
shall be submitted pursuant to this rule:
  (a) The nondomestic user shall  submit  the  name  and  address  of  the
facility including the name of the operator and owners.
  (b) The nondomestic user  shall  submit  a  list  of  any  environmental
control permits held by or for the facility.
  (c) The nondomestic user shall submit a brief description of the nature,
average rate of production, and standard industrial classification of  the
operation  or  operations  carried  out  by  the  nondomestic  user.   The
description should  include  a  facility  drawing  and  schematic  process
diagram that indicates points of discharge to the publicly owned treatment
works and from which processes the discharges originate.
  (d) The nondomestic user shall submit information showing  the  measured
average daily and maximum daily flow, in gallons per day, to the  publicly
owned treatment works from each of the following:
  (i) Regulated process streams.
  (ii) Other streams as necessary to allow use of the combined wastestream
formula specified in R 323.2311(6). The control authority  may  allow  for
verifiable estimates of these flows where justified by cost or feasibility
considerations.
  (e) All of the following information shall be provided with  respect  to
the measurement of pollutants:
  (i) The nondomestic user  shall  identify  the  pretreatment  standards,
including state or local standards, applicable to each regulated  process.
  (ii) In addition, the nondomestic  user  shall  submit  the  results  of
sampling and analysis identifying the nature and  concentration  or  mass,
where  required  by  the  standard  or  control  authority,  of  regulated
pollutants in the  discharge  from  each  regulated  process.  Both  daily
maximum and average  concentration  or  mass,  where  required,  shall  be
reported. The sample shall be representative of daily operations.
  (iii) A minimum of 4 grab samples shall be used for pH,  cyanide,  total
phenols, oil and grease, sulfide, and volatile  organics.  For  all  other
pollutants,  24-hour  composite  samples   shall   be   obtained   through
flow-proportional  composite  sampling  techniques  where  feasible.   The
control authority may waive flow-proportional composite sampling  for  any
nondomestic user that  demonstrates  that  flow-proportional  sampling  is
infeasible.   In   such   cases,   samples   may   be   obtained   through
time-proportional composite sampling techniques or through a minimum of  4
grab samples  where  the  user  demonstrates  that  this  will  provide  a
representative sample of the effluent being discharged.
  (iv) With the exception of the pollutants specified in  paragraph  (iii)
of this subdivision, the user shall take a  minimum  of  1  representative
sample to compile the data necessary to comply with  the  requirements  of
this subrule.
  (v) Samples should be taken  immediately  downstream  from  pretreatment
facilities if the facilities exist  or  immediately  downstream  from  the
regulated process if  pretreatment  facilities  do  not  exist.  If  other
wastewaters are mixed with the regulated wastewater  before  pretreatment,
the nondomestic user should measure the flows and concentrations necessary
to  allow  use  of  the  combined  wastestream  formula  specified  in   R
323.2311(7) to evaluate compliance with the pretreatment standards.  Where
an alternate concentration or mass limit has been calculated in accordance
with R 323.2311(5), the  adjusted  limit  and  supporting  data  shall  be
submitted to the control authority.
  (vi) Sampling and analysis shall be performed  in  accordance  with  the
techniques prescribed in 40 C.F.R. part 136 (1992). Where 40  C.F.R.  part
136 (1992) does not contain sampling  or  analytical  techniques  for  the
pollutant in question, or where the E.P.A. determines that  the  part  136
(1992) sampling  and  analytical  techniques  are  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  publicly
owned treatment works or other parties, approved by the E.P.A.
  (vii) The control authority may  allow  the  submission  of  a  baseline
report that utilizes only historical data if the data provides information
sufficient to determine the need for industrial pretreatment measures.
  (viii) The baseline report shall indicate the time, date, and  place  of
sampling and the methods of analysis and shall certify that  the  sampling
and  analysis  is  representative  of  normal  work  cycles  and  expected
pollutant discharges to the publicly owned treatment works.
  (f) A  statement,  reviewed  by  an  authorized  representative  of  the
nondomestic user and certified to by a qualified professional,  indicating
whether pretreatment standards are being met on a consistent basis and, if
not,  whether  additional  operation   and   maintenance   or   additional
pretreatment is required for the nondomestic user to meet the pretreatment
standards and requirements.
  (g) If additional pretreatment or  operation  and  maintenance  will  be
required to meet the pretreatment  standards,  the  shortest  schedule  by
which the nondomestic user will provide such  additional  pretreatment  or
operation and maintenance. The completion date in the schedule  shall  not
be  later  than  the  compliance  date  established  for  the   applicable
pretreatment standard. All of the  following  conditions  shall  apply  to
compliance schedules:
  (i) 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
nondomestic  user  to  meet  the   applicable   categorical   pretreatment
standards. The events may include any of the following:
  (A) The hiring of an engineer.
  (B) Completing preliminary plans.
  (C) Completing final plans.
  (D) Executing contracts for major components.
  (E) Commencing construction.
  (F) Completing construction.
  (G) Other similar major events.
  (ii) An increment referred to in this subrule shall not be more  than  9
months.
  (iii) Not later than 14 days following each date in the schedule and the
final date for compliance, the nondomestic user shall  submit  a  progress
report to the control authority, including, at a minimum, whether  or  not
the user complied with the increment of progress to be met on a particular
date and, if not, the date on which the user expects to  comply  with  the
increment of progress, the reason for delay, and the steps being taken  by
the  nondomestic  user  to  return  the  construction  to   the   schedule
established. Not more than 9 months shall elapse between progress  reports
to the control authority.
  (h) Where the nondomestic user's categorical pretreatment  standard  has
been modified by a removal allowance under  R  323.2313(a),  the  combined
wastestream formula under  R  323.2311(7)  or  a  fundamentally  different
factors variance under R 323.2313(b) at  the  time  the  nondomestic  user
submits the report required by this  rule,  the  information  required  by
subdivisions (f) and (g) of this subrule shall  pertain  to  the  modified
limits.
  (i) Any changes to information requested under subdivisions (a)  to  (e)
of this subrule shall be submitted by the nondomestic user to the  control
authority within 60 days.
  (3) Within  90  days  following  the  date  for  final  compliance  with
applicable categorical pretreatment standards or, in the  case  of  a  new
source, following commencement of the introduction of wastewater into  the
publicly  owned  treatment  works,  any  nondomestic   user   subject   to
pretreatment standards and  requirements  shall  submit,  to  the  control
authority, a report containing the information described in subrule (2)(d)
to (f) of this rule. For industrial users subject to  equivalent  mass  or
concentration limits established by the control  authority  in  accordance
with  the  procedures  in  R  323.2311(5),  the  report  shall  contain  a
reasonable measure of the nondomestic user's  long-term  production  rate.
For all  other  nondomestic  users  subject  to  categorical  pretreatment
standards expressed in terms of allowable pollutant discharge per unit  of
production, or other measure of operation, the report  shall  include  the
nondomestic user's  actual  production  during  the  appropriate  sampling
period.
  (4) All of  the  following  provisions  apply  to  periodic  reports  on
continued compliance:
  (a) Any nondomestic user subject to a categorical pretreatment  standard
after the compliance date of the pretreatment standard or, in the case  of
a new source, after commencement of the discharge into the publicly  owned
treatment works shall  submit,  to  the  control  authority  semiannually,
unless required more frequently in the pretreatment  standard  or  by  the
control authority or the  approval  authority,  a  report  indicating  the
nature and concentration of pollutants in the effluent that are limited by
the categorical pretreatment standards.  In  addition,  the  report  shall
include a record  of  measured  or  appropriately  estimated  average  and
maximum daily flows for the reporting period for the discharge reported in
subrule (2)(d) of this rule, except that the control authority may require
more detailed reporting of flows.
  (b)  Where  the  control  authority  has  imposed  mass  limitations  on
nondomestic users as provided for by R 323.2311(5), the report required by
subdivision (a) of this subrule shall  indicate  the  mass  of  pollutants
regulated by pretreatment standards in the discharge from the  nondomestic
user.
  (c) For nondomestic users subject to equivalent  mass  or  concentration
limits established  by  the  control  authority  in  accordance  with  the
procedures in R 323.2311(5), the report required  by  subdivision  (a)  of
this subrule shall contain a reasonable measure of the nondomestic  user's
long-term production rate. For all  other  nondomestic  users  subject  to
categorical pretreatment standards expressed only in  terms  of  allowable
pollutant discharge per unit of production, or other measure of operation,
the report required by subdivision (a) of this subrule shall  include  the
nondomestic user's  actual  average  production  rate  for  the  reporting
period.
  (5) All categorical and non-categorical nondomestic users  shall  notify
the publicly owned treatment works  immediately  of  all  discharges  that
could cause problems to the publicly owned treatment works, including  any
slug loadings.
  (6) All of the following provisions apply to monitoring and analysis  to
demonstrate continued compliance:
  (a) The reports required in subrules (2), (3),  and  (4)  of  this  rule
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  in
the discharge that are limited by the applicable  pretreatment  standards.
The sampling and analysis  may  be  performed  by  the  control  authority
instead of the nondomestic user. Where the publicly owned treatment  works
elects to perform the  required  sampling  and  analysis  instead  of  the
nondomestic user, the nondomestic user will not be required to submit  the
compliance certification required under subrules (2)(f) and  (3)  of  this
rule. In addition, where the publicly owned treatment works  collects  all
the  information  required  for  the  report,  including  flow  data,  the
nondomestic user will not be required to submit the report.  The  publicly
owned treatment works shall provide, to the nondomestic  user,  within  10
days after the results are available, the  results  of  any  sampling  the
publicly   owned   treatment   works   performs   for   nondomestic   user
self-monitoring that show a violation of any  pretreatment  standard.  Any
certification required by a categorical  pretreatment  standard  shall  be
included with the semiannual compliance reports.
  (b) If sampling performed by a nondomestic user indicates a violation of
pretreatment standards, the nondomestic  user  shall  notify  the  control
authority within 24 hours of becoming aware of the violation.
The nondomestic user shall also  repeat  the  sampling  and  analysis  and
submit the results of the repeat analysis to the control authority  within
30 days after becoming aware of the violation;  however,  the  nondomestic
user is not  required  to  resample  if  the  control  authority  performs
sampling at the nondomestic user at a frequency of at least once per month
or if the control authority performs  sampling  at  the  nondomestic  user
between the time when the nondomestic user performs its  initial  sampling
and the time when  the  nondomestic  user  receives  the  results  of  the
sampling.
  (c) The reports required in subrule (4) of this rule shall be based upon
data obtained through appropriate sampling and analysis  performed  during
the period  covered  by  the  report,  which  data  is  representative  of
conditions occurring during the reporting period.  The  control  authority
shall require a frequency of monitoring that is necessary  to  assess  and
assure  compliance  by  nondomestic  users  with  applicable  pretreatment
standards and requirements.
  (d) All analyses  shall  be  performed  in  accordance  with  procedures
established by the E.P.A. pursuant to section 304(h) of  the  clean  water
act and contained in 40 C.F.R. part 136 (1992)  or  with  any  other  test
procedures  approved  by  the  E.P.A.  Sampling  shall  be  performed   in
accordance with the techniques approved by the E.P.A. Where the provisions
of 40 C.F.R. part  136  (1992)  do  not  include  sampling  or  analytical
techniques for the pollutants in question,  or  where  the  United  States
E.P.A. determines  that  the  part  136  (1992)  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 publicly owned treatment works or other parties and approved by the
E.P.A.
  (e) If a nondomestic user monitors any pollutant  more  frequently  than
required by the control  authority  using  the  procedures  prescribed  in
subdivision (d) of this subrule, the results of the  monitoring  shall  be
included in the report.
  (7) The control  authority  shall  require  appropriate  reporting  from
nondomestic  users  that  have  discharges  which  are  not   subject   to
categorical pretreatment standards. Significant noncategorical  industrial
users shall submit, to the control authority,  at  least  semiannually,  a
description of the nature,  concentration,  and  flow  of  the  pollutants
required to be reported by the control authority.  The  reports  shall  be
based on sampling and analysis performed in  the  period  covered  by  the
report and performed in accordance with the  techniques  described  in  40
C.F.R. part 136 (1992).
Where the provisions of 40 C.F.R. part 136 (1992) do not contain  sampling
or analytical techniques for the  pollutant  in  question,  or  where  the
E.P.A. determines  that  the  part  136  (1992)  sampling  and  analytical
techniques are 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 publicly owned  treatment  works  or  other  persons  and
approved by the E.P.A. The sampling and analysis may be performed  by  the
control authority instead of  the  significant  noncategorical  industrial
user. Where the  publicly  owned  treatment  works  collects  all  of  the
information  required  for  the  report,  the  noncategorical  significant
industrial user will not be required to submit the  report.  The  publicly
owned treatment works shall provide, to the nondomestic  user,  within  10
days after the results are available,  the  results  of  any  sampling  it
performs for nondomestic user self-monitoring that show a violation of any
pretreatment standard.
  (8) Publicly owned  treatment  works  that  have  approved  pretreatment
programs shall provide the approval authority with a report  that  briefly
describes  the  publicly  owned  treatment  works'   program   activities,
including activities  of  all  participating  agencies,  if  more  than  1
jurisdiction is involved in the local program. The report required by this
subrule shall be submitted not later than 1 year  after  approval  of  the
publicly owned treatment works' pretreatment program and at least annually
thereafter and shall include, at a minimum, the following information:
  (a) An updated list of the publicly owned treatment  works'  nondomestic
users, including their names and addresses, or a  list  of  deletions  and
additions keyed  to  a  previously  submitted  list.  The  publicly  owned
treatment works shall provide a brief explanation of  each  deletion.  The
list shall identify which nondomestic users  are  subject  to  categorical
pretreatment standards and specify which standards are applicable to  each
nondomestic user. The list shall  indicate  which  nondomestic  users  are
subject to local standards that are more stringent  than  the  categorical
pretreatment standards. The publicly owned treatment works shall also list
the nondomestic users that are subject only to local requirements.
  (b) A summary of the status of  nondomestic  user  compliance  over  the
reporting period.
  (c) A  summary  of  compliance  and  enforcement  activities,  including
inspections, conducted by the publicly owned treatment  works  during  the
reporting period.
  (d) A summary of toxics monitored of influent, sludge, and effluent.
  (e) Any other relevant information requested by the approval  authority.
  (9) Both of the following provisions apply  to  the  notification  of  a
changed discharge:
  (a)  A  nondomestic  user  shall  promptly  notify  the  publicly  owned
treatment works in advance of any substantial  change  in  the  volume  or
character of pollutants in its discharge, including all of the  following,
if applicable:
  (i) Groundwaters that are purged for remedial action programs.
  (ii) Groundwaters containing pollutants that infiltrate into the sewers.
  (iii) The listed  or  characteristic  hazardous  wastes  for  which  the
nondomestic user has submitted initial notification under subrule (15)  of
this rule.
  (b) Publicly owned treatment works shall evaluate  all  new  or  changed
discharges with respect to general and specific prohibitions contained  in
R 323.2303 before acceptance by the publicly owned treatment works.
  (10) Publicly owned treatment works shall notify the approval  authority
of any substantial  change  in  the  volume  or  character  of  pollutants
discharged to or from the publicly owned treatment works as required by 40
C.F.R. S122.42 (1990), or as contained in the notification requirements of
the publicly owned treatment works' permit.
  (11) The reports required by subrules (2), (3), (4),  and  (7)  of  this
rule  shall  include  the  certification  statement  as  set  forth  in  R
323.2311(2)(b)(ii) and shall be signed as follows:
  (a) By a responsible corporate officer if the industrial user submitting
the reports required by subrules (2), (3), (4), and (7) of this rule is  a
corporation. For the purpose of  this  subrule,  a  responsible  corporate
officer means a president, secretary, treasurer, or vice-president of  the
corporation in charge of a principal business function or any other person
who  performs  similar  policy-  or  decision-making  functions  for   the
corporation or means the principal manager of  1  or  more  manufacturing,
production, or operation facilities employing more  than  250  persons  or
having gross annual sales or expenditures of more than $25,000,000.00,  in
second-quarter 1980 dollars, if authority to sign the documents  has  been
assigned  or  delegated  to  the  manager  in  accordance  with  corporate
procedures.
  (b) By a general partner or proprietor if the industrial user submitting
the reports required by subrules (2), (3), (4), and (7) of this rule is  a
partnership or sole proprietorship, respectively.
  (c) By a duly authorized representative of the individual designated  in
this subrule if all of the following provisions apply:
  (i) The authorization is made in writing by the individual described  in
subdivision (a) or (b) of this subrule.
  (ii) The authorization specifies either  an  individual  or  a  position
having responsibility for the overall operation of the facility from which
the industrial  discharge  originates,  such  as  the  position  of  plant
manager, operator of a well or well field, or superintendent or a position
of equivalent  responsibility  or  that  has  overall  responsibility  for
environmental matters for the company.
  (iii) The written authorization is submitted to the  control  authority.
If an authorization is no longer accurate because a  different  individual
or position has responsibility for the overall operation of  the  facility
or overall responsibility for environmental matters for the company, a new
authorization  satisfying  the  requirements  of  this  subrule  shall  be
submitted to the control authority before or together with any reports  to
be signed by an authorized representative.
  (12) Reports submitted to the approval authority by the  publicly  owned
treatment works in accordance with subrule  (8)  of  this  rule  shall  be
signed by a principal executive  officer,  ranking  elected  official,  or
other duly authorized employee if the  employee  is  responsible  for  the
overall operation of the publicly owned treatment works.
  (13) The reports  and  other  documents  required  to  be  submitted  or
maintained under this rule shall  be  subject  to  all  of  the  following
provisions:
  (a) 18 U.S.C. section S1001 relating to fraud and false statements.
  (b) Section 309(c)(4) of the clean  water  act,  as  amended,  governing
false statements, representation or certification.
  (c) Section 309(c)(6) regarding responsible corporate officers.
  (d) Section 3115 of the act.
  (14)  All  of  the   following   provisions   apply   to   recordkeeping
requirements:
  (a) A nondomestic user and publicly owned treatment works subject to the
reporting requirements established in this rule shall maintain records  of
all information resulting from any monitoring activities required by  this
rule. The records shall include all of the following information  for  all
samples:
  (i) The date, exact place, method, and time of sampling and the names of
the person or persons taking the samples.
  (ii) The dates analyses were performed.
  (iii) Who performed the analyses.
  (iv) The analytical techniques and methods used.
  (v) The results of the analyses.
  (b) A nondomestic user or publicly owned treatment works subject to  the
reporting requirements established in  this  rule  shall  be  required  to
retain, for a minimum of 3 years, any records of monitoring activities and
results, whether or not the monitoring activities  are  required  by  this
rule, and shall make the records available for inspection and  copying  by
the approval authority and the E.P.A. regional administrator  and  in  the
case of a nondomestic user, the publicly owned treatment works. The period
of retention shall be extended during the course of any pending litigation
regarding the nondomestic user or publicly owned treatment works  or  when
requested by the approval authority or the E.P.A. regional  administrator.
  (c) A publicly owned treatment works to which reports are submitted by a
nondomestic user pursuant to subrules (2), (3), (4), and (7) of this  rule
shall retain the reports for a minimum of  3  years  and  shall  make  the
reports available for inspection and copying by the approval authority and
the E.P.A. regional  administrator.  The  period  of  retention  shall  be
extended during  the  course  of  any  pending  litigation  regarding  the
discharge of pollutants by the nondomestic user or the  operation  of  the
publicly owned treatment works' pretreatment program or when requested  by
the approval authority or the regional administrator.
  (15)  All  of  the  following  provisions  apply  to   hazardous   waste
notification:
  (a) The nondomestic user  shall  notify  the  publicly  owned  treatment
works, the E.P.A.  regional  waste  management  division  chief,  and  the
department, in writing, of any discharge into the publicly owned treatment
works of a substance which, if otherwise disposed of, would be a hazardous
waste under 40 C.F.R. part 261 (1990). The notification shall include  the
name of the hazardous waste as set forth in 40 C.F.R. part 261 (1990), the
E.P.A. hazardous waste number, and  the  type  of  discharge  (continuous,
batch, or other).  If  the  nondomestic  user  discharges  more  than  100
kilograms of the waste per calendar month to the publicly owned  treatment
works,  the  notification  shall  also  contain  all  of   the   following
information to the extent the information is known and  readily  available
to the nondomestic user:
  (i) An identification of the hazardous  constituents  contained  in  the
wastes.
  (ii) An estimation of the mass and concentration of the constituents  in
the wastestream discharged during that calendar month.
  (iii) An estimation of the  mass  of  constituents  in  the  wastestream
expected to be discharged during  the  following  12  months.  Nondomestic
users who commence discharging after the effective date of this rule shall
provide the notification not later than 180 days after  the  discharge  of
the listed or characteristic hazardous waste. Any notification under  this
subdivision  need  be  submitted  only  once  for  each  hazardous   waste
discharged.  However,  notifications  of  changed  discharges   shall   be
submitted under subrule (9) of this rule. The notification requirement  in
this rule  does  not  apply  to  pollutants  already  reported  under  the
self-monitoring requirements of this rule.
  (b) Dischargers are exempt from the requirements of subdivision  (a)  of
this subrule during a calendar month in which they discharge 15  kilograms
or less of hazardous wastes, unless the wastes are acute hazardous  wastes
as specified in 40 C.F.R. 261.30(d) and  261.33(e)  (1990).  Discharge  of
more than 15 kilograms of nonacute hazardous wastes in a  calendar  month,
or of any quantity of acute hazardous wastes as  specified  in  40  C.F.R.
261.30(d) and 261.33(e) (1990), requires a 1-time notification. Discharges
in subsequent months of more than the quantities of  any  hazardous  waste
specified in this subdivision do not require additional notification.
  (c) If new regulations under section 3001 of the  resource  conservation
recovery  act  of  42  U.S.C.   S6901   et   seq.,   identify   additional
characteristics of hazardous waste or list any additional substance  as  a
hazardous waste, the nondomestic user  shall  notify  the  publicly  owned
treatment works, the E.P.A. regional waste management division chief,  and
state hazardous waste authorities of the discharge of the substance within
90 days of the effective date of the regulations.
  (d) If notification is made under subdivision (a) of this  subrule,  the
nondomestic user shall certify that it has a program in  place  to  reduce
the volume and toxicity of hazardous wastes generated to the degree it has
determined to be economically practical.

  History:  1995 AACS.


R  323.2311   National pretreatment standards; categorical standards.
  Rule 11. (1) National pretreatment standards  specifying  quantities  or
concentrations  of  pollutants  or  pollutant  properties  that   may   be
discharged to  a  publicly  owned  treatment  works  by  existing  or  new
nondomestic users in specific industrial subcategories will be established
by E.P.A. as separate regulations under  the  appropriate  subpart  of  40
C.F.R. chapter I, subchapter N (1990). The standards, unless  specifically
noted otherwise, shall be  in  addition  to  all  applicable  pretreatment
standards and requirements set forth in these rules.
  (2) All of the following  provisions  apply  to  category  determination
request:
  (a) Within 60 days after the effective date of a  pretreatment  standard
for a subcategory under which a nondomestic  user  may  be  included,  the
nondomestic user or publicly owned treatment works may  request  that  the
approval authority,  as  appropriate,  provide  written  certification  on
whether the nondomestic user falls within that particular subcategory.  If
an existing nondomestic user adds or changes a process or  operation  that
may be included in a subcategory,  the  existing  nondomestic  user  shall
request the certification before commencing to discharge from the added or
changed  processes  or  operation.  A  new  source   shall   request   the
certification before commencing to discharge.  Where  a  certification  is
submitted  by  a  publicly  owned  treatment  works,  the  publicly  owned
treatment  works  shall  notify  any  affected  nondomestic  user  of  the
submission. The nondomestic user  may  provide  written  comments  on  the
publicly owned treatment works submission to the approval authority within
30 days of notification.
  (b) Each request shall contain both of the following:
  (i) A statement describing which subcategories might be applicable.
  (ii)  A  statement  citing  evidence  and  reasons  why   a   particular
subcategory is applicable and why others are not  applicable.  Any  person
signing the application statement submitted pursuant to  this  subdivision
shall make the following certification:
I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in  accordance  with  a  system
designed to assure that qualified personnel properly gather  and  evaluate
the information submitted. Based on my inquiry of the  person  or  persons
who manage the system, or those persons directly responsible for gathering
the information, the information submitted is, to the best of my knowledge
and belief, true, accurate, and  complete.  I  am  aware  that  there  are
significant penalties for  submitting  false  information,  including  the
possibility of fine and imprisonment for knowing violations.
  (c) The approval  authority  will  only  act  on  written  requests  for
determinations that contain all of the information required.  Persons  who
have  made  incomplete  submissions  will  be  notified  by  the  approval
authority 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 or within  an  extended  period
allowed by the approval authority, the request for a  determination  shall
be denied.
  (d) When the approval authority  receives  a  submittal,  the  authority
will, after determining that it contains all of the  information  required
by  subdivision  (b)  of  this  subrule,  consider  the  submission,   any
additional evidence that may have been requested, and any other  available
information relevant to the request. The E.P.A.  has  the  opportunity  to
review any information and make a final determination in  accordance  with
40 C.F.R. S403.6(a)(4) (1992). The approval authority  will  then  make  a
written determination of the applicable subcategory and state the  reasons
for the determination. The approval authority shall send  a  copy  of  the
determination to the affected nondomestic  user  and  the  publicly  owned
treatment works.
  (e) Within 30 days following the date of receipt of notice of the  final
determination as provided for by subdivision  (d)  of  this  subrule,  the
requester may submit a petition to reconsider or contest the  decision  to
the  E.P.A.  regional  administrator,  who  shall  act  on  the   petition
expeditiously and state the  reasons  for  his  or  her  determination  in
writing.
  (3)  Compliance  by  existing  sources  with  categorical   pretreatment
standards shall be attained within 3 years of the  date  the  standard  is
effective,  unless  a  shorter  compliance  time  is  specified   in   the
appropriate subpart of 40 C.F.R. chapter I, subchapter  N  (1990).  Direct
dischargers that have had national pollutant discharge elimination  system
permits modified or reissued to provide a  variance  pursuant  to  section
301(i)(2) of the clean water act shall  be  required  to  meet  compliance
dates set in any applicable categorical  pretreatment  standard.  Existing
sources that become nondomestic users subsequent to the promulgation of an
applicable categorical pretreatment standard shall be considered  existing
nondomestic users, except where the sources meet the definition of  a  new
source as defined in R 323.2302(r).
  (4) New sources shall install, have in operating condition, and start up
all pollution control equipment required to meet  applicable  pretreatment
standards before beginning to  discharge.  Within  the  shortest  feasible
time, but not more than 90 days, new sources  shall  meet  all  applicable
pretreatment standards. Construction on a site at which an existing source
is located results in a modification rather  than  a  new  source  if  the
construction does not create  a  new  building,  structure,  facility,  or
installation meeting the criteria  of  R  323.2302(r)(ii)  or  (iii),  but
otherwise alters, replaces, or adds  to  existing  process  or  production
equipment. Construction of a new source as defined in  R  323.2302(r)  has
commenced if the owner or operator has done either of the following:
  (a)  Begun,  or  caused  to  begin,  as  part  of  a  continuous  onsite
construction program, either of the following:
  (i) Any placement, assembly, or installation of facilities or equipment.
  (ii) Significant site preparation work, including clearing,  excavation,
or removal of  existing  buildings,  structures,  or  facilities  that  is
necessary for the placement,  assembly,  or  installation  of  new  source
facilities or equipment.
  (b) Entered into a binding contractual obligation for  the  purchase  of
facilities or equipment that is intended  to  be  used  in  the  operation
within a reasonable time. Options to purchase or  contracts  that  can  be
terminated  or  modified  without  substantial  loss  and  contracts   for
feasibility,  engineering,  and  design  studies  do  not   constitute   a
contractual obligation under this subdivision.
  (5) All of the following provisions  apply  to  concentration  and  mass
limits:
  (a) Pollutant discharge limits  in  categorical  pretreatment  standards
will be expressed either as concentration or mass limits. Where  possible,
where concentration limits are specified  in  standards,  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.
  (b) When the limits in a categorical pretreatment standard are expressed
only in terms of mass of pollutant per unit  of  production,  the  control
authority may convert  the  limits  to  equivalent  limitations  expressed
either as mass of pollutant discharged per day or  effluent  concentration
for purposes of calculating effluent limitations applicable to  individual
nondomestic users.
  (c) A control authority calculating equivalent mass-per-day  limitations
under subdivision (b) of this subrule shall calculate the  limitations  by
multiplying the limits in the standard by the nondomestic  user's  average
rate of production. The average rate of production shall be based not upon
the designed production capacity, but rather upon a reasonable measure  of
the nondomestic user's actual long-term  daily  production,  such  as  the
average daily production during a representative year.  For  new  sources,
actual production shall be estimated using projected production.
  (d) A control authority calculating equivalent concentration limitations
under subdivision (b) of this subrule shall calculate the  limitations  by
dividing the mass  limitations  derived  under  subdivision  (c)  of  this
subrule by the average daily flow rate of the nondomestic user's regulated
process wastewater. The average daily flow rate  shall  be  based  upon  a
reasonable measure of the nondomestic user's actual long-term average flow
rate, such as the average daily flow rate during the representative  year.
  (e) Equivalent limitations calculated in  accordance  with  subdivisions
(c) and (d) of this subrule shall be deemed pretreatment standards for the
purposes of these rules. Nondomestic users will be required to comply with
the  equivalent  limitations  instead  of  the   promulgated   categorical
standards from which the equivalent limitations were derived.
  (f) Many  categorical  pretreatment  standards  specify  one  limit  for
calculating maximum daily discharge limitations and  a  second  limit  for
calculating maximum monthly average, or 4-day average, limitations.  Where
the standards being applied specify the different limits set forth in this
subdivision,  the  same  production  of  flow  figure  shall  be  used  in
calculating both types of equivalent limitations.
  (g) A nondomestic user operating under a permit incorporating equivalent
mass or concentration limits calculated from a production  based  standard
shall notify the control  authority  within  2  business  days  after  the
nondomestic user has a reasonable basis to know that the production  level
will significantly change within the next calendar  month.  A  nondomestic
user that does not notify the control authority of the anticipated  change
will be required to meet the mass or concentration limits  in  its  permit
that were  based  on  the  original  estimate  of  the  long-term  average
production rate.
  (6) Except  where  expressly  authorized  to  do  so  by  an  applicable
pretreatment  standard  or  requirement,  a  nondomestic  user  shall  not
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  pretreatment  standard  or  requirement.  The
control authority may impose mass limitations on  nondomestic  users  that
are  using  dilution  to  meet  applicable   pretreatment   standards   or
requirements and in other cases where the imposition of  mass  limitations
is appropriate.
  (7) Where process effluent is mixed before  treatment  with  wastewaters
other than those generated by  the  nondomestic  user  regulated  process,
fixed alternative discharge limits may be derived by the control authority
or by the nondomestic user with the written  concurrence  of  the  control
authority.  These  alternative  limits  shall  be  applied  to  the  mixed
effluent.  When  deriving  alternative  categorical  limits,  the  control
authority or nondomestic user shall calculate both  an  alternative  daily
maximum value using the daily maximum value or  values  specified  in  the
appropriate  categorical  pretreatment  standard  or  standards   and   an
alternative consecutive sampling  day  average  value  using  the  monthly
average  value  or  values  specified  in  the   appropriate   categorical
pretreatment standard or standards.
The nondomestic user shall comply with the alternative daily  maximum  and
monthly average limits fixed by
the control authority until the control authority modifies the  limits  or
approves a nondomestic user modification
request. Modification is authorized if there is a material or  significant
change in the values used in the
calculation to fix alternative  limits  for  the  regulated  pollutant.  A
nondomestic user shall immediately report
the material  or  significant  change  to  the  control  authority.  Where
appropriate, new alternative categorical
limits shall be calculated within 30 days. For new sources, flows shall be
estimated using projected values.
The alternative limit for a specified pollutant will be derived by the use
of either of the following formulas:
  (a) Alternative concentration limit.

                        N
                        E  CiFi (Fr - Fd)
             CT =      i=1
                        N           FT
                        E  Fi
                       i = 1

  where
  CT = the alternative concentration limit for the  combined  wastestream.
  Ci = the categorical pretreatment standard  concentration  limit  for  a
pollutant in the regulated stream i.
  Fi = the average daily flow of  stream  i  to  the  extent  that  it  is
regulated for the pollutant.
  FD = the average daily flow from  boiler  blowdown  streams,  noncontact
cooling streams, stormwater streams, and demineralizer  backwash  streams;
provided, however, that where the streams contain a significant amount  of
a pollutant and the combination of the streams, before treatment,  with  a
nondomestic  user's  regulated  process  wastestream  will  result  in   a
substantial reduction  of  the  pollutant,  the  control  authority,  upon
application of the  nondomestic  user,  may  exercise  its  discretion  to
determine  whether  the  streams  should  be  classified  as  diluted   or
unregulated. In its application to the control authority, the  nondomestic
user shall provide engineering, production, sampling, analysis, and  other
necessary  information  so  that  the  control  authority  can  make   its
determination or equals the average daily flow from sanitary  wastestreams
where the streams are not regulated by a categorical pretreatment standard
for 1 or more of the following reasons (see R 323.2312):
  (i) The pollutants of concern are not detectable in  the  effluent  from
the nondomestic user.
  (ii) The pollutants of concern are present only in trace amounts and are
neither causing nor likely to cause toxic effects.
  (iii) The pollutants of concern are present in amounts too small  to  be
effectively reduced by technologies known to the E.P.A.
  (iv) The wastestream contains only pollutants that are  compatible  with
the publicly owned treatment works.
  FT = The average daily flow through  the  combined  treatment  facility,
includes Fi, FD, and unregulated streams.
  N = The total number of regulated streams.
  (b) Alternative mass limit.

                N
       MT =     E  Mi (Ft-FD)
               i=1       N
                         E Fi
                        i=1

  where
  MT = the  alternative  mass  limit  for  a  pollutant  in  the  combined
wastestream.
  Mi = the categorical pretreatment standard mass limit for a pollutant in
the regulated stream i (the categorical pretreatment mass limit multiplied
by the appropriate measure of production).
  Fi = the average flow of stream i to the extent that it is regulated for
the pollutant.
  FD = the average daily flow from  boiler  blowdown  streams,  noncontact
cooling streams, stormwater streams, and demineralizer  backwash  streams;
provided, however, that where the streams contain a significant amount  of
a pollutant and the combination of the streams, before treatment,  with  a
nondomestic  user's  regulated  process  wastestream  will  result  in   a
substantial reduction  of  the  pollutant,  the  control  authority,  upon
application of the  nondomestic  user,  may  exercise  its  discretion  to
determine  whether  the  streams  should  be  classified  as  diluted   or
unregulated. In its application to the control authority, the  nondomestic
user shall provide engineering, production, sampling, analysis, and  other
necessary  information  so  that  the  control  authority  can  make   its
determination or equals the average daily flow from sanitary  wastestreams
where the streams are not regulated by a categorical pretreatment standard
or equals the average daily flow from any process wastestreams  that  were
or  could  have  been  entirely  exempted  from  categorical  pretreatment
standards for 1 or more of the following reasons (see R 323.2312):
  (i) The pollutants of concern are not detectable in  the  effluent  from
the nondomestic user.
  (ii) The pollutants of concern are present only in trace amounts and are
neither causing nor likely to cause toxic effects.
  (iii) The pollutants of concern are present in amounts too small  to  be
effectively reduced by technologies known to the E.P.A.
  (iv) The wastestream contains only pollutants that are  compatible  with
the publicly owned treatment works.
  FT = The average flow through the combined treatment facility,  includes
Fi, FD, and unregulated streams.
  N = The total number of regulated streams.
An alternative pretreatment limit may not be used if the alternative limit
is  below  the  analytical  detection  limit  for  any  of  the  regulated
pollutants.  Self-monitoring  required  to  ensure  compliance  with   the
alternative categorical limit shall be conducted in  accordance  with  the
requirements  of  R  323.2310(6).  Where  a  treated   regulated   process
wastestream is combined before treatment with wastewaters other than those
generated by the regulated  process,  the  nondomestic  user  may  monitor
either the segregated process wastestream or the combined wastestream  for
the  purpose  of  determining  compliance  with  applicable   pretreatment
standards. If the nondomestic  user  chooses  to  monitor  the  segregated
process  wastestream,  it   shall   apply   the   applicable   categorical
pretreatment standard. If the nondomestic  user  chooses  to  monitor  the
combined wastestream,  it  shall  apply  an  alternative  discharge  limit
calculated using the combined wastestream  formula  as  provided  in  this
rule. The  nondomestic  user  may  change  monitoring  points  only  after
receiving approval from the control authority. The control authority shall
ensure that any change in a nondomestic user's monitoring point or  points
will not allow the user to substitute dilution for adequate  treatment  to
achieve compliance with applicable standards.

  History:  1995 AACS.


R  323.2312   Industrial subcategories considered dilute.
  Rule 12. The industrial subcategories listed in appendix D of 40  C.F.R.
part 403  (1986)  are  considered  dilute  wastestreams  for  purposes  of
applying the combined wastestream formula.

  History:  1995 AACS.


R  323.2313   Alternative categorical limits.
  Rule 13. Categorical pretreatment standards shall apply to a nondomestic
user subject to categorical standards, unless an  enforceable  alternative
limit to the corresponding national categorical standards is derived using
any of the following methods:
  (a) 40 C.F.R.  S403.7  (1993)  contains  the  requirements  for  removal
credits that reflect  the  removal  of  pollutants  by  a  publicly  owned
treatment works discharged by the nondomestic user.
  (b)  40  C.F.R.  S403.13  (1992)  contains  the   requirements   for   a
fundamentally different factor variance to reflect the existence  of  data
and information that was not considered or  available  when  the  national
categorical pretreatment standard was promulgated.
  (c) 40 C.F.R. S403.15 (1992) contains the requirements for  a  net/gross
calculation to reflect the presence of pollutants in the intake water of a
nondomestic user.
  (d) R 323.2311(5) contains the requirements for equivalent mass per  day
limitations.
  (e) R 323.2311(7) contains the  requirements  for  combined  wastestream
formula alternative limitations.

  History:  1995 AACS.


R  323.2314   Confidentiality.
  Rule 14. (1) In accordance with Act No. 442 of the Public Acts of  1976,
as amended, being S15.231 et seq. of the Michigan Compiled Laws,  and  Act
No. 306 of the Public Acts of 1969, as amended, being S24.201 et  seq.  of
the Michigan Compiled Laws, any  information  submitted  to  the  approval
authority pursuant to these acts that is a trade secret may be claimed  as
confidential, if so marked at the time of submission.
  (2) All discharge information in the possession of the control authority
pursuant  to  these  rules  shall  be  available  to  the  public  without
restriction.

  History:  1995 AACS.


R  323.2315   Upset provision.
  Rule 15. (1) An upset shall constitute  an  affirmative  defense  to  an
action brought for noncompliance with categorical  pretreatment  standards
if the provisions of subrule (2) of this rule are met.
  (2) A nondomestic user who wishes to establish the  affirmative  defense
of upset  shall  demonstrate,  through  properly  signed,  contemporaneous
operating logs or other relevant  evidence,  that  all  of  the  following
provisions apply:
  (a) An upset occurred and the nondomestic user can identify the cause or
causes of the upset.
  (b) The facility was at  the  time  being  operated  in  a  prudent  and
workmanlike  manner  and  in  compliance  with  applicable  operation  and
maintenance procedures.
  (c) The nondomestic user has submitted the following information to  the
publicly owned treatment works within 24 hours of becoming  aware  of  the
upset:
  (i) A description of the indirect discharge and cause of  noncompliance.
  (ii) The period of noncompliance, including exact dates and times or, if
not corrected, the anticipated  time  the  noncompliance  is  expected  to
continue.
  (iii) Steps being taken or planned to reduce, eliminate, and  prevent  a
recurrence of the noncompliance.
If this information is provided orally,  a  written  submission  shall  be
provided within 5 days of becoming aware of the upset.
  (3) In any enforcement  proceeding,  the  nondomestic  user  seeking  to
establish the occurrence of an upset shall have the burden of proof.
  (4)  In  the  usual  exercise  of   prosecutorial   discretion,   agency
enforcement personnel should review  any  claims  that  noncompliance  was
caused by an upset. A determination made in the course of the review  does
not constitute final agency action subject to judicial review.  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.
  (5) The nondomestic 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  a  situation  where,  among  other
things, the primary source of power of the treatment facility is  reduced,
lost, or fails.

  History:  1995 AACS.


R  323.2316   Bypass.
  Rule 16. (1) A nondomestic user may allow  a  bypass  to  occur  if  the
bypass does  not  cause  pretreatment  standards  or  requirements  to  be
violated, but only if the bypass is  also  for  essential  maintenance  to
assure efficient operation. A bypass is not subject to the  provisions  of
subrules (2) and (3) of this rule.
  (2) If a nondomestic user knows in advance of the need for a bypass,  it
shall submit prior notice  to  the  publicly  owned  treatment  works,  if
possible, not less  than  10  days  before  the  date  of  the  bypass.  A
nondomestic user shall submit oral notice of an unanticipated bypass  that
exceeds applicable pretreatment standards to the publicly owned  treatment
works within 24 hours of the time the nondomestic user  becomes  aware  of
the bypass. A written submission shall also be  provided  to  the  control
authority within 5 days of the time the nondomestic user becomes aware  of
the bypass. The written submission shall contain all of the following:
  (a) A description of the bypass and its cause.
  (b) The duration of the bypass, including exact dates and times, and, if
the bypass has not been corrected, the anticipated time it is expected  to
continue.
  (c)  Steps  taken  or  planned  to  reduce,  eliminate,  and  prevent  a
reoccurrence of the bypass.
  (3) Bypass is prohibited, and the control authority may take enforcement
action against a  nondomestic  user  for  a  bypass,  unless  all  of  the
following provisions apply:
  (a) Bypass was unavoidable to prevent a loss of life,  personal  injury,
or severe property damage.
  (b) There were no feasible alternatives to the bypass, such as  the  use
of auxiliary treatment  facilities,  retention  of  untreated  wastes,  or
maintenance during normal periods of equipment downtime. This condition is
not satisfied if adequate backup equipment should have been  installed  in
the exercise of reasonable engineering judgment to prevent a  bypass  that
occurred during normal  periods  of  equipment  downtime  or  preventative
maintenance.
  (c) The nondomestic user submitted notices as required under subrule (2)
of this rule.
  (4) The control  authority  may  approve  an  anticipated  bypass  after
considering its adverse effects if the control authority  determines  that
the provisions listed in subrule (3) of this rule will apply.

  History:  1995 AACS.


R  323.2317   Federal regulations; adoption by reference.
  Rule 17. The following standards  are  adopted  by  reference  in  these
rules. Copies are available for inspection at the Lansing  office  of  the
department  of  natural  resources  and   may   be   obtained   from   the
Superintendent of Documents, Government Printing  Office,  Washington,  DC
20402, at a cost, as of the time of adoption of these rules of $36.00,  or
from the Department of Natural Resources, Surface Water Quality  Division,
P.O. Box 30028, Lansing, Michigan 48909, at a  cost  as  of  the  time  of
adoption of these rules of 20 cents per page:
  (a) Aluminum forming, 40 C.F.R. part 467 (1988).
  (b) Asbestos manufacturing, 40 C.F.R. part 427 (1979).
  (c) Battery manufacturing, 40 C.F.R. part 461 (1986).
  (d) Builder's paper and board mills, 40 C.F.R. part 431 (1986).
  (e) Carbon black manufacturing, 40 C.F.R. part 458 (1978).
  (f) Coil coating, 40 C.F.R. part 465 (1985).
  (g) Copper forming, 40 C.F.R. part 468 (1986).
  (h) Electrical and electronic components, 40 C.F.R. part 469 (1985).
  (i) Electroplating, 40 C.F.R. part 413 (1986).
  (j) Feedlots, 40 C.F.R. part 412 (1986).
  (k) Ferroalloy manufacturing, 40 C.F.R. part 424 (1986).
  (l) Fertilizer manufacturing, 40 C.F.R. part 418 (1987).
  (m) Glass manufacturing, 40 C.F.R. part 426 (1986).
  (n) Grain mills, 40 C.F.R. part 406 (1986).
  (o) Ink formulating, 40 C.F.R. part 447 (1975).
  (p) Inorganic chemicals, 40 C.F.R. part 415 (1984).
  (q) Iron and steel manufacturing, 40 C.F.R. part 420 (1984).
  (r) Leather tanning and finishing, 40 C.F.R. part 425 (1988).
  (s) Metal finishing, 40 C.F.R. part 433 (1986).
  (t) Metal molding and casting, 40 C.F.R. part 464 (1986).
  (u) Nonferrous metals forming and metal  powders,  40  C.F.R.  part  471
(1989).
  (v) Nonferrous metals manufacturing, 40 C.F.R. part 421 (1990).
  (w) Organic chemicals, plastics, synthetic fibers, 40  C.F.R.  part  414
(1993).
  (x) Paint formulating, 40 C.F.R. part 446 (1975).
  (y) Paving and roofing materials, 40 C.F.R. part 443 (1975).
  (z) Pesticide chemicals, 40 C.F.R. part 455 (1993).
  (aa) Petroleum refining, 40 C.F.R. part 419 (1985).
  (bb) Pharmaceutical manufacturing, 40 C.F.R. part 439 (1986).
  (cc) Porcelain enameling, 40 C.F.R. part 466 (1985).
  (dd) Pulp, paper, and paperboard, 40 C.F.R. part 430 (1986).
  (ee) Rubber manufacturing, 40 C.F.R. part 428 (1978).
  (ff) Soap and detergent manufacturing, 40 C.F.R. part 417 (1975).
  (gg) Steam electric power generating, 40 C.F.R. part 423 (1983).
  (hh) Sugar processing, 40 C.F.R. part 409 (1986).
  (ii) Timber products processing, 40 C.F.R. part 429 (1982).
  (jj) 40 C.F.R. chapter I, subchapter N (1990).
  (kk) 40 C.F.R. S 25 (1979).
  (ll) 40 C.F.R. S 122 (1990).
  (mm) 40 C.F.R. S 128.140(b) (1977).
  (nn) 40 C.F.R. S 136 (1992).
  (oo) 40 C.F.R. S 261 (1990).
  (pp) 40 C.F.R. S 403 (1992).
  (qq) 40 C.F.R. S 403.7 (1993).

  History:  1995 AACS.