Within either 180 days after the effective date of a federal
categorical pretreatment standard, or the final administrative decision
of a category determination under 40 CFR 403.6(a)(4), whichever is
later, existing categorical SIUs subject to such federal categorical
pretreatment standards, and currently discharging to or scheduled
to discharge to the POTW treatment plant, shall submit a BMR to the
VJSA which contains the information listed in 40 CFR 403.12(b) and
in this subsection. At least 90 days prior to commencement of their
discharge, new sources, and sources that become categorical SIUs subsequent
to the promulgation of an applicable federal categorical pretreatment
standard, shall be required to submit a BMR to the VJSA which contains
the information listed in 40 CFR 403.12(b) and in this subsection.
A new source shall report the method of pretreatment it intends to
use to meet applicable federal categorical pretreatment standards,
and provide estimates of its anticipated flows and quantity of pollutants
to be discharged. Categorical SIUs shall submit the following information
as part of a BMR:
A. The name and address of the facility, including the name of the operator
and owner.
B. A list of any environmental control permits held by or for the facility.
C. A brief description of the nature, average rate of production and
North American Industry Classification System (NAICS) number of the
operation(s) carried out by such categorical SIU. This description
shall include a schematic process diagram which indicates points of
discharge to the sewer system from the regulated processes.
D. Information showing the measured average daily and maximum daily
flow, in gallons per day, to the sewer system from regulated process
wastestreams and other wastestreams, as necessary, to allow use of
the combined wastestream formula as established in 40 CFR 403.6(e).
E. The federal categorical pretreatment standards applicable to each regulated process and the results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the federal categorical pretreatment standard or by the VJSA, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported. At least one sample representative of daily operations shall be provided with the BMR and shall be analyzed in accordance with procedures found in §
137-93B of this Part
3. Sampling shall be performed in accordance with procedures found in §
137-93A of this Part
3. The BMR shall indicate the time, date and place of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the sewer system.
F. A certification statement, reviewed by the categorical SIU authorized
representative and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis,
and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
G. If additional pretreatment and/or O&M are required to meet the pretreatment standards and requirements, the categorical SIU shall submit the shortest schedule by which it will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standards or requirements. A compliance schedule shall meet the requirements set forth in §
137-86 of this Part
3.
H. All BMRs shall be signed and certified in accordance with §
137-81 of this Part
3.
I. In cases where the pretreatment standard or requirement requires
compliance with a best management practice or pollution prevention
alternative, the categorical SIU shall submit documentation required
by the VJSA or the pretreatment standard or requirement necessary
to determine compliance status of the categorical SIU.
The following conditions shall apply to the schedule required by §
137-79L and
137-85G of this Part
3:
A. The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the industrial user to meet the applicable pretreatment standards
and requirements (such events include, but are not limited to, hiring
an engineer, completing preliminary and final plans, executing contracts
for major components, commencing and completing construction, and
initiating operation).
B. No increment referred to in Subsection
A of this section shall exceed nine months.
C. The industrial user shall submit a progress report to the VJSA no
later than 14 days following each date in the schedule and the final
date of compliance, including whether or not it complied with the
increment of progress to be met on such date, and if not, the date
on which it expects to comply with this increment of progress, the
reason for the delay, and the steps being taken by the industrial
user to return to the established schedule.
D. No more than nine months shall elapse between the dates on which
such progress reports are provided to the VJSA.
Each Industrial user shall notify the VJSA in writing of any
planned significant changes to the industrial user's operations or
pretreatment facilities which may alter the nature, quality or volume
of its wastewater at least 30 days before the change occurs. This
notification requirement includes anticipated changes in industrial
user production which can reasonably be expected to impact the POTW
treatment plant.
A. The VJSA may require the industrial user to submit such information as deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under §
137-79 of this Part
3.
B. The VJSA may issue a wastewater discharge permit under §
137-84 of this Part
3 or modify an existing wastewater discharge permit under §
137-84D of this Part
3 in response to changed conditions or anticipated changed conditions.
C. No industrial user shall implement the planned changed condition(s)
until and unless the VJSA has responded to the industrial user's notice.
The VJSA may require the industrial user to undertake a compatibility
study to demonstrate to the satisfaction of the VJSA that the wastewater
to be discharged is compatible with the POTW treatment plant, will
not affect any requirements imposed upon the VJSA (including sludge
disposal requirements), and will not adversely affect the POTW treatment
plant.
D. For purposes of this requirement, significant changes include, but
are not limited to, flow increases of 10% or greater, and the discharge
of any previously unreported pollutants.
The VJSA may publish on an annual basis, or more frequent basis,
as it deems appropriate, in a newspaper of general circulation that
provides meaningful public notice within the jurisdictions served
by the POTW treatment plant, a list of industrial users which were
in significant noncompliance (SNC) with applicable pretreatment standards
or requirements during the previous 12 months. The VJSA shall not
be liable for any damages of any sort suffered by any industrial user
or owner as a result of such publication. Nor shall the VJSA incur
any liability through publication of incorrect information where such
information was believed accurate when published or was the result
of administrative or typographical error. An industrial user is in
SNC if its violation meets one or more of the following criteria:
A. Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed a numeric pretreatment standard or requirement including instantaneous limits, as defined in §
137-64 of this Part
3 and by 40 CFR 403.3(1).
B. Technical review criteria (TRC) violations, defined here as those in which 33% or more of the wastewater measurements taken for each pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including Instantaneous Limits, as defined in §
137-64 of this Part
3 and by 40 CFR 403.3(1), multiplied by the applicable TRC criteria (which is 1.4 for BOD, Oil and Grease and TSS; and 1.2 for all other pollutants except pH).
C. Any other violation of a pretreatment standard of requirement as defined in §
137-64 of this Part
3 and by 40 CFR 403.3(1) that the VJSA determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of sewer system or POTW treatment plant personnel or the general public.
D. Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment in accordance with 40 CFR 403.8(f)(2)(vii),
or has resulted in the VJSA's exercise of its emergency authority
under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge.
E. Failure to meet, within 90 days after the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance.
F. Failure to provide, within 45 days after the due date, required reports
such as baseline monitoring reports, reports on compliance with federal
categorical pretreatment standard deadlines, periodic compliance reports,
reports on compliance with compliance schedules and any other reports
required under this Part 3 or by applicable pretreatment standards
or requirements.
G. Failure to accurately report noncompliance.
H. Any violations, which may include a violation of best management
practices, which the VJSA determines will adversely affect the operation
or implementation of the VJSA's pretreatment program.
An industrial user shall furnish to the VJSA, within a reasonable
time, any information which the VJSA may request to determine whether
cause exists for modifying, reissuing, terminating or revoking a wastewater
discharge permit, or to determine industrial user pretreatment compliance.
The industrial user shall also furnish to the VJSA, upon request,
copies of records required to be maintained pursuant to this Part
3 or other applicable federal, state or local laws or regulations.
If the industrial user becomes aware that it failed to submit relevant
facts or submitted incorrect information in an application for a wastewater
discharge permit, a report to the VJSA, or in any correspondence pertaining
to its industrial wastewater discharge, the industrial user shall
promptly submit such facts or information to the VJSA.