DRAFT FEDERAL AND STATE INDUSTRIAL PRETEATMENT PROGRAM

I.  1972 the United States Congress passed the Clean Water Act to eliminate the discharge of pollutants into the nation’s waters and the achievement of fishable and swimmable water quality levels. The National Pollutant Discharge Elimination System (NPDES) permitting program requires that all point source discharges (direct discharges) be permitted. To address industrial non-point sources that discharge to a Publicly Owned Treatment Works (POTW), EPA established the National Pretreatment Program as a component of the NPDES permitting program. The National Pretreatment Program is codified in 40 CFR § 403 - General Pretreatment Regulations for New and Existing Sources of Pollution.

II.  The state of Oregon Department of Environmental Quality received authority from the US Environmental Protection Agency (EPA) on March 12, 1981, to regulate pretreatment programs in Oregon. The Department, as the pretreatment program Approval Authority for Oregon, administers its pretreatment program through the National Pollutant Discharge Elimination System (NPDES) permit program. The Department's pretreatment program authority is established in Oregon Revised Statutes ORS 454.020

and ORS 468B.035 and in Oregon Administrative Rules OAR 340-45-015 and OAR 340-45-063.

a.  Objectives of the pretreatment program:

i.  Protect publicly owned treatment works (POTW) from pollutants that may cause interference with wastewater treatment plant operations.

ii.  Prevent introducing pollutants into a POTW that could cause pass through of untreated pollutants to receiving waters.

iii.  Manage pollutant discharges into a POTW to improve opportunities for reuse of POTW treated wastewater and residuals (biosolids).

iv.  Prevent introducing pollutants into a POTW that could cause worker health or safety concerns, or that could pose a potential endangerment to the public or to the environment.

b.  Approved pretreatment programs in Oregon are managed by local governments including sewerage collection and treatment agencies (i.e. “special districts”). These programs protect the environment by limiting the amount of potentially toxic pollutants entering the waters of Oregon and biosolids applied on the land. They also protect the health and safety of workers and sewage treatment plants from upsets by regulating industrial users that discharge treated wastes into the sewer system. Oregon has 23 approved programs that oversee more than 300 industrial users. Regulatory oversight of industrial sources by approved programs includes formal permitting, compliance monitoring (routine compliance inspections and sampling), and enforcement. Many pretreatment programs work effectively with industrial users to reduce contaminants in the waste stream through voluntary pollution prevention efforts.

III.  The National Pretreatment Regulations apply when any of the following criteria are met:

a.  To pollutants from non-domestic sources covered by Pretreatment Standards which are indirectly discharged into or transported by truck or rail or otherwise introduced into POTWs;

b.  To POTWs which receive wastewater from sources subject to National Pretreatment Standards;

i.  Sources subject to National Pretreatment Standards are defined as Significant Industrial Users:

1.  All Industrial Users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, subchapter N; and

2.  Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater;

3.  Contribute a process wastestream that makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

4.  Is designated as such by the Control Authority on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW’s operation or for violating any Pretreatment Standard or regulatory requirement including Water Quality Standards.

c.  To States which have or are applying for National Pollution Discharge Elimination System programs approved in accordance with section 402 of the Clean Water Act; and

d.  To any new or existing source subject to Pretreatment Standards. (Note: National Pretreatment Standards do not apply to sources which Discharge to a sewer which is not connected to a POTW Treatment Plant).

IV.  POTW must establish proper legal authority and procedures and receive DEQ approval to implement an enforceable pretreatment program which at a minimum include;

i.  Legal Authority to deny or condition new or increased contributions;

ii.  Legal Authority to require compliance;

iii.  Legal Authority to issue and enforce discharge control mechanisms;

iv.  Legal Authority to require (A) compliance schedules for installation of technology and (B) the submission of all notices and self-monitoring reports to assess and assure compliance;

v.  Legal Authority to carry out inspections, surveillance and monitoring to determine compliance independent of information supplied in self-monitoring reports and other notices;

vi.  Legal Authority to seek or assess civil or criminal penalties (at least $1,000 per day) for violations by Industrial Users of Pretreatment Standards and Requirements;

vii.  Legal Authority to implement an approved Sewer Use Ordinance, Enforcement Response Plan and Procedures Manual; and

viii.  Requires a POTW to comply with EPA confidentiality requirements.

b.  Legal Authorities and program elements for POTW’s implementing the Pretreatment Program are found in the following municipal documents:

i.  Local governmental code.

ii.  DEQ-approved Sewer Use Ordinance (SUO).

iii.  DEQ-approved Procedures Manual for Program Implementation.

iv.  DEQ-approved Enforcement Response Plan.