Section 323.2307. Publicly owned treatment works' pretreatment programs; submissions for approval.

(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.