Section 12.09 - POTW Pretreatment Programs(1)POTW imposed Limits. (a) POTWs developing POTW Pretreatment Programs pursuant to 314 CMR 12.09(2) shall develop and enforce specific limits to implement the prohibitions listed in 314 CMR 12.08(1) and (2).(b) All other POTWs shall, in cases where pollutants contributed by industrial user(s) result in interference or pass through and such violation is likely to recur, develop and enforce specific effluent limits for industrial users, and all other users, as appropriate, which, together with appropriate changes in the POTW treatment plant or its operation, are necessary to ensure renewed and continued compliance with the POTW's permit, or sludge use or disposal practices.(c) Specific effluent limits shall not be developed and enforced without individual notice to persons or groups who have requested such notice and an opportunity to respond.(d) Where specific prohibitions or limits on pollutants or pollutant parameters are developed by a POTW in accordance with 314 CMR 12.08(3)(a) and (b), such limits shall be deemed pretreatment standards for the purposes of § 307(d) of the Federal Act, 33 U.S.C., § 1317(d).(2)POTW Pretreatment Programs.(a) POTWs Required to Develop a Pretreatment Program. Any POTW (or combination of POTWs operated by the same person) with a total design flow greater than 5,000,000 gallons per day (mgd) which receive pollutants that pass through or interfere with the operation of the POTW from industrial users, or are otherwise subject to pretreatment standards, are required to establish a POTW Pretreatment Program. The Department may require a POTW with a design flow of five mgd or less to establish a POTW Pretreatment Program if the Department finds that the nature or volume of the industrial influent, treatment process upsets, violations of POTW effluent limitations, contamination of municipal sludge, or other circumstances warrant in order to prevent interference with the POTW or pass through. In addition, any POTW desiring to modify categorical pretreatment standards for pollutants removed by the POTW [as approved for by 314 CMR 12.08(4)(d)] , must have an approved POTW Pretreatment Program prior to obtaining final approval of a removal allowance. Requirements to develop a POTW pretreatment program, including a schedule for adoption of the program, shall be incorporated in the POTW discharge permit issued pursuant to 314 CMR 3.00: Surface Water Discharge Permit Program or 314 CMR 5.00: Ground Water Discharge Permit Program, and may be a cause for modification of such permit.
(b)Pretreatment Program Approval. A POTW which meets the criteria of 314 CMR 12.09(2)(a) shall receive approval of its pretreatment program in accordance with the applicable deadline established under the Federal Act, 33 U.S.C. § 317(b), (c) or (d). An approved POTW pretreatment program shall be incorporated as a condition of the POTWs discharge permit issued pursuant to 314 CMR 3.00: Surface Water Discharge Permit Program or 314 CMR 5.00: Ground Water Discharge Permit Program, and incorporation of the approved program may be cause for modification of such permit.
A POTW pretreatment program shall meet the requirements of 40 CFR 403.8(f) and be approved in accordance with the requirements of 40 CFR 403.9 and 403.11.
(3)POTW Reporting. A POTW which has received authorization to modify categorical pretreatment standards for pollutants removed by the POTW in accordance with the requirements of 314 CMR 12.08(4)(d) shall submit the reports required by, and in accordance with the provisions of 40 CFR 403.12(i), (j) and (n).Amended, Mass Register Issue 1259, eff. 4/25/2014.