Pretreatment Program Sample Clauses

Pretreatment Program. 16 A. General 16 B. Program Responsibility, Including Permitting, Compliance Monitoring and Enforcement 17 C. National Pretreatment Standards Categorical Standards, 40 CFR § 403.6(a) 18 D. Removal Credits and Net Gross, 40 CFR §§ 403.7, 493.11, 403.15 18 E. Variances from Categorical National Pretreatment Standards for Fundamentally Different Factors (FDF), 40 CFR § 403.13 18 F. Effective Integration of Pretreatment Enforcement Activities into the State NPDES Program 19 A. State to EPA 19 B. EPA to State 21 C. Transfer of Files from EPA to State upon Subsequent Program Approval 22 A. Implementation of Schedules and Conditions 24 B. Compliance Monitoring and Evaluation 24 C. Compliance Review 25 D. Facility Compliance Inspections 27 E. Compliance Tracking 29 F. Enforcement Management System 29 G. Miscellaneous Compliance Activities 30 A. Timely and Appropriate Enforcement 30 B. Penalty Calculation, Documentation and Collection 32 C. EPA Actions 33 D. Attorney General 34 I. General‌ This Memorandum of Agreement (hereinafter, MOA)1 sets forth the terms, conditions, and agreements between the parties for carrying out the responsibilities and procedures as required by Title 40 of the Code of Federal Regulations (CFR) § 123.242 for how the National Pollutant Discharge Elimination System (NPDES) program will be administered by the State of Washington through the Department of Ecology (Ecology) and the Energy Facility Site Evaluation Council (EFSEC) (together referred to as the “State”). The State’s NPDES program is subject to oversight by Region 10 of the United States Environmental Protection Agency (hereinafter, EPA). Both the Department of Ecology (hereinafter, Ecology) and the Energy Facility Site Evaluation Council (EFSEC) administer the State NPDES program for facilities within their respective authorities. State NPDES program responsibilities and procedures covered by this MOA at times pertain to either Ecology, EFSEC or to both agencies. Ecology and EFSEC permit different types of facilities, which do not overlap. Ecology and EFSEC do not co-permit facilities. The detail regarding how both Ecology and EFSEC agree to share resources for administration of the State NPDES Program for their respective permittees are formally established in a separate Memorandum of Agreement between both agencies (Agencies MOA). The original Memorandum of Agreement (1973 MOA) between EPA and Ecology granted NPDES Program delegation authorities to Ecology and was approved Novemb...

Pretreatment Program a. The Department as primary responsibility for ensuring: i. Application and enforcement of any Pretreatment Standard or Requirement established by the Administrator in accordance with Sections 307(b) and (c) of the Act and State standards. ii. Application and enforcement of prohibited discharges and categorical standards and requirements (40 CFR §§ 403.5 and 403.6). iii. Incorporation of National Pretreatment Standards and Requirements, as appropriate, into the North Dakota Pollutant Discharge Elimination System (NDPDES) rules, NDAC Ch. 33.1-16-01. iv. Incorporation of Publicly Owned Treatment Works (POTW) pretreatment program conditions in NDPDES permits issued to POTWs as required in 40 CFR § 403.8 and as provided at Section 402(b)(8) of the Act. v. Identification of POTWs requiring local pretreatment programs. vi. Incorporation of requirements for development and implementation of local limitations in NDPDES permits issued to POTWs with approved local programs as set forth at 40 CFR § 403.5 and as provided at Section 402(b)(8) of the Act consistent with the latest revision of the Region 8 Strategy for Local Limits Development. vii. Review and approval or denial of POTW pretreatment program submittals in accordance with the procedures set forth at 40 CFR §§ 403.8, 403.9, 403.11 and 403.18, except that no POTW pretreatment program shall be approved if Region 8 objects to program approval per the provisions of 40 CFR § 403.11. viii. Process and publish, where appropriate, all pretreatment program approvals and program modifications in accordance with the requirements of 40 CFR § 403.11 and 40 CFR § 403.18. ix. Incorporation of applicable Pretreatment Standards, including prohibited discharges and categorical standards and requirements, local limitations, State standards, and industrial monitoring and reporting requirements set forth at 40 CFR § 403.12, into permits issued to Significant Industrial Users not regulated by approved POTW pretreatment programs. x. Inspection, surveillance, and monitoring procedures consistent with the annual workplan, which will determine, independent of information supplied by the POTW, compliance or noncompliance by the POTW with pretreatment conditions incorporated into the POTW NDPDES permit; oversight of POTW pretreatment programs to verify that Pretreatment Standards and Requirements are enforced in accordance with 40 CFR §§ 403.8, 403.11, and 403.12; and audits of approved pretreatment programs conducted at least once p...

Pretreatment Program. ‌ A. General‌ This Section applies only to Ecology and defines Ecology and EPA responsibilities to establish, implement, and enforce the National Pretreatment Program, pursuant to State regulations, CWA sections 307 and 402. EFSEC has no delegated Pretreatment authority from EPA; therefore, Ecology is the responsible State party. Ecology will apply and enforce the Pretreatment regulations as required by 40 CFR Part 403, and EPA will oversee Ecology’s Pretreatment Program operations consistent with 40 CFR Part 403 regulations and this agreement. Terms in this Section are defined in 40 CFR § 403.3, unless otherwise noted. As Ecology issues, reissues, or modifies permits in accordance with Section V of this agreement, Ecology will include appropriate pretreatment conditions in those issued, reissued, or modified permits. Appropriate pretreatment conditions include, but are not limited to, the following: required compliance with 40 CFR Part 403 and corresponding state law, approved POTW Pretreatment Program requirements, submission of a technical evaluation of the need to revise local limits within a specified period and based in part on monitoring over the previous NPDES permit period, and at least semi-annual monitoring of influent, effluent, and biosolids for specific pollutants of concern which may be received from Industrial Users of the POTW. Ecology will serve as: a) the “Control Authority” for those industrial users who introduce pollutants into a POTW which has not been approved to have a Pretreatment Program, or where Ecology assumes that authority pursuant to 40 CFR § 403.10(e), and therefore implements the Control Authority responsibilities in 40 CFR Part 403 and Ecology will serve as the “Approval Authority” for an Approved POTW Pretreatment Program. EPA retains authority over federal facilities and facilities in Indian Country, unless EPA has specifically approved Ecology to operate the Pretreatment Program over those facilities. If the State does not have a Pretreatment Program approved by EPA, EPA will retain authority over facilities in the State, and the State will work with EPA to ensure enforcement Pretreatment Standards and Requirements in the State

Pretreatment Program. ‌ 5.01 General‌ This Section defines DEPARTMENT and EPA responsibilities to establish, implement, and enforce the National Pretreatment Program, pursuant to the CWA §§307 and 402. In general, the DEPARTMENT will apply and enforce the pretreatment regulations as required by 40 CFR Part 403, and EPA will oversee DEPARTMENT Pretreatment Program operations consistent with 40 CFR Part 403 regulations and this AGREEMENT. The DEPARTMENT will have authority to implement the Pretreatment Program upon approval and will commence implementation of the Pretreatment Program per the schedule in Appendix B. As the DEPARTMENT issues, reissues, or modifies permits in accordance with Section 4.0 of this AGREEMENT, the DEPARTMENT will include in those issued, reissued, or modified permits appropriate pretreatment conditions. Upon program approval and in accordance with the transfer schedule in Appendix B, the DEPARTMENT will assume authority [subject to EPA’s oversight and enforcement authority pursuant to CWA §402(d) and (i)] for permitting, compliance, and enforcement activities of the Pretreatment Program. When authority to implement the Pretreatment Program is transferred to the DEPARTMENT in accordance with the schedule in Appendix B, in lieu of EPA, the DEPARTMENT will serve as: 1. The ‘control authority’ for those industrial users who introduce pollutants into a POTW without an approved Pretreatment Program. 2. The ‘approval authority’ for a POTW that is required to have a Pretreatment Program.

Pretreatment Program