OPERATION
AND MAINTENANCE AND PRETREATMENT STANDARDS FOR WASTEWATER TREATMENT WORKS AND INDIRECT
DISCHARGERS
12.01: Purpose
12.02: Definitions
12.03: Operation
of Treatment Works
12.04: Maintenance
of Treatment Works
12.05: Safety Program
12.06: Sampling
and Analysis
12.07: Recordkeeping
and Reporting
12.08: Prohibitions
and Standards for Discharges to POTWs
12.09: POTW
Pretreatment Programs
12.10: Exemptions
The Department acting
under the authority of M.G.L. c. 21, §§ 27(9), 27(12) and 34 hereby
adopts and establishes 314 CMR 12.00 to insure proper operation and maintenance of
wastewater treatment facilities and sewer systems within the Commonwealth.
When used in 314 CMR
12.00 the following words and phrases shall have the following meanings:
Bypass - the intentional diversion of wastes from any portion of a treatment
works.
Categorical Pretreatment Standard or Pretreatment Standard
- any regulation containing pollutant discharge limits promulgated by the EPA in
accordance with PL 92-500, § 307(b) and (c), which applies to Industrial Users.
This term includes prohibitive discharge limits established pursuant 314 CMR 12.08(1)
and (2).
Combined Sewer Overflows or CSO - any intermittent
overflow, bypass or other discharge from a municipal combined sewer system which results
from a flow in excess of the dry weather carrying capacity of the system.
Combined Sewer System - a sewer system which by design conveys
both wastewaters and storm water runoff.
Department - the Massachusetts Department of Environmental Protection
Discharge or Discharge of Pollutants - any addition of
any pollutant or combination of pollutants to waters of the Commonwealth from any source,
including but not limited to, discharges from surface runoff which is collected or
channelled by man; discharges through pipes, sewers, or other conveyances owned by a
State, municipality, or other person which do not lead to a POTW and discharges through
pipes, sewers, or other conveyances, leading into privately owned treatment works. This term does not include an addition of
pollutants by any indirect discharger.
Effluent - a discharge of pollutants into the environment, whether or not
treated.
Effluent Limitation or Effluent Limit - any requirement,
restriction, or standard imposed by the Department on quantities, discharge rates, and
concentrations of pollutants which are discharged from point sources into waters of the
Commonwealth or to publicly owned treatment works.
Environmental Protection Agency or EPA - the United States Environmental Protection
Agency.
Federal Act - the Clean Water Act, P.L. 92-500, as amended by
P.L. 95-217 and P.L. 95-576, 33 U.S.C. 1251 et seq.
Hazardous Waste - a hazardous waste as defined in the Massachusetts
Hazardous Waste Regulations, 310 CMR 30.000.
Indirect Discharge - the introduction of pollutants into a POTW from
any non-domestic source regulated under PL 92-500, § 307(b), (c)
or (d).
Industrial User or User - a source of indirect discharge.
Industrial Waste - any liquid, gaseous, or solid waste substance or a
combination thereof resulting from any process of industry, manufacturing, trade, or
business or from the development or recovery of any natural resources.
Interference - an inhibition or disruption of the POTW, its treatment
processes or operations, or its sludge processes, use or disposal which is a cause of or
significantly contributes to either a violation of any requirement of the POTW's permit
(including an increase in the magnitude or duration of a violation) or to the prevention
of sewage sludge use or disposal by the POTW in accordance with applicable Federal, State
or local statutes and regulations or permits issued thereunder. An industrial user significantly contributes to
such a permit violation or prevention of sludge use or disposal in accordance with
applicable requirements whenever such user:
(a) discharges a daily pollutant loading in excess of that allowed
by contract with the POTW or by Federal, State or local law;
(b) discharges wastewater which substantially differs in nature or
constituents from the user's average discharge; or
(c) knows or has reason to know that its discharge, alone or in
conjunction with discharges from other sources, would result in a POTW permit violation or
prevent sewage sludge use or disposal in accordance with the applicable requirements as
they apply to the POTW's selected method of sludge management.
Massachusetts Water Quality Standards - the Massachusetts
Surface Water Quality Standards (314 CMR 4.00) and the Massachusetts Ground Water
Quality Standards (314 CMR 6.00).
New Source - any building, structure, facility, or installation from
which there is or may be a discharge, the construction of which commenced:
(a) After promulgation of pretreatment standards under the Clean
Water Act, P.L. 92-500, 307(c) as amended by P.L. 95-217 and P.L. 95-576,
33 U.S.C. 1251 et seq, which are applicable to such source; or
(b) After proposal of pretreatment standards in accordance with PL
92-500, § 307(c) which are applicable to such source, but only if the standards are
promulgated in accordance with PL 92-500, § 307(c) within 120 days of their
proposal.
Pass Through - the discharge of pollutants through the POTW into waters
of the Commonwealth in quantities or concentrations which are a cause of or significantly
contribute to a violation of any requirement of the POTW's permit (including an increase
in the magnitude or duration of a violation). An
industrial user significantly contributes to such permit violation where it:
(a) Discharges a daily pollutant loading in excess of that allowed
by contract with the POTW or by Federal, State or local law;
(b) Discharges wastewater which substantially differs in nature
and constituents from the user's average discharge;
(c) Knows or has reason to know that its discharge, alone or in
conjunction with discharges from other sources would result in a permit violation; or
(d) Knows or has reason to know that the POTW is, for any reason,
violating its final effluent limitations in its permit and that such industrial user
discharge either alone or in conjunction with discharges from other sources, increases the
magnitude or duration of the POTW violations.
Permit - an authorization issued pursuant to M.G.L. c. 21, § 43
and 314 CMR 2.00 and 3.00, 5.00, or 7.00, to implement the requirements of the
Massachusetts Clean Waters Act, as amended, M.G.L. c. 21,
§§ 26 through 53 and the Clean Water Act, P.L. 92-500, as amended by
P.L. 95-217 and P.L. 95-576, 33 U.S.C. 1251 et seq and regulations
adopted thereunder.
Person - any agency or political subdivision of the Commonwealth, the
federal government, any public or private corporation or authority, individual,
partnership or association, or other entity, including any officer of a public or private
agency or organization, upon whom a duty may be imposed by or pursuant to any provisions
of M.G.L. c. 21, §§ 26 through 53.
Pollutant - any element or property of sewage, agricultural, industrial or
commercial waste, runoff, leachate, heated effluent, or other matter, in whatever form and
whether originating at a point or major non-point source, which is or may be discharged,
drained or otherwise introduced into any sewerage system, treatment works or waters of the
Commonwealth.
Pollution - the presence in the environment of conditions or contaminants in
quantities or characteristics which are or may be injurious to human, plant or animal life
or to property or which unreasonably interfere with the comfortable enjoyment of life and
property throughout such areas as may be affected thereby.
Pretreatment - the reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater prior to
or in lieu of discharging or otherwise introducing such pollutants into a POTW.
Public Entity - any city, town, special district, the Metropolitan
District Commission or other existing governmental unit eligible to receive a grant for
the construction of treatment works from the United States Environmental Protection Agency
pursuant to Title II of the PL 92-500, as amended.
Publicly Owned Treatment Works or POTW - any device
or system used in the treatment (including recycling and reclamation) of municipal sewage
or industrial wastes of a liquid nature which is owned by a public entity. A POTW includes
any sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing
treatment.
RCRA - the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act of 1976 (P.L. 94-580, as amended by P.L. 95-609, 42 U.S.C.
Section 6901 et seq.)
RCRA Facility - a hazardous waste management facility as defined in
314 CMR 8.03.
Sewage - the water-carried human or animal wastes from residences,
buildings, industrial establishments or other places, together with such ground water
infiltration and surface water as may be present.
Sewer System - pipelines or conduits, pumping stations, force mains,
and all other structures, devices, appurtenances, and facilities used for collecting and
conveying wastes to a site or works for treatment or disposal.
Sewer Connection - the sewer pipes and appurtenant works necessary to
connect a building or estate to a sewer system.
Sewer Extension - the addition to a sewer system of a sewer pipe,
together with appurtenant works, which when connected to the sewer system becomes the
property of, and is operated and maintained by, the person owning the sewer system.
Septage - the liquid and solid wastes, primarily of sewage origin, that are
removed from a cesspool, septic tank or similar receptacle.
State Act - the Massachusetts Clean Waters Act, as amended, M.G.L.
c. 21, §§ 26 through 53.
Toxic Pollutants - those pollutants identified in 314 CMR 3.16, or
any other combination of pollutants, including disease-causing agents, which after
discharge and upon exposure, ingestion, inhalation or assimilation into any organism,
either directly from the environment or indirectly through food chains, may, on the basis
of information available to the Department, cause death, disease, behavioral
abnormalities, cancer, mutations, physiological malfunctions, biochemical abnormalities,
including malfunctions in reproduction, or physical deformations, in such organisms or
their offspring.
Treatment Works - any and all devices, processes and properties, real
or personal, used in the collection, pumping, transmission, storage, treatment, disposal,
recycling, reclamation or reuse of waterborne pollutants, but not including any works
receiving a hazardous waste from off the site of the works for the purpose of treatment,
storage or disposal.
Wastewater - sewage, industrial waste, other wastes or any combination of
the three.
Wastewater Treatment Facility or Wastewater Treatment Plant
- any and all devices, processes and properties, real or personal, used in the storage,
treatment, disposal, recycling, reclamation or reuse of waterborne pollutants, but not
including any sewer system.
Waters of the Commonwealth - all waters within the
jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes,
ponds, springs, impoundments, estuaries, wetlands, coastal waters, and ground waters.
12.03: Operations of Treatment Works
(1) No person shall make major physical modifications to existing
wastewater treatment facility or such modifications as will significantly affect treatment
efficiency without the prior written approval of the Department.
(2) No person shall increase the volume or strength or change the
characteristics of any discharge in excess of that specified under any existing approval
by the Department.
(3) Any person operating a wastewater treatment facility shall
comply with the "Rules and Regulations for Certification of Operators of Wastewater
Treatment Facilities" (257 CMR 2.00).
(4) No person shall construct, install, operate, or maintain a
wastewater treatment facility, a sewer system or any extension thereof or connection
thereto without the approval of the Department pursuant to applicable provisions of
314 CMR 3.00, 5.00, 7.00 and 8.00.
(5) Any person operating a system of sewers shall adopt, keep current
and enforce a set of rules and regulations for sewer use to provide for the protection of
these works, the wastewater treatment plant and the receiving waters. These rules and regulations shall be subject to
the approval of the Department. At a minimum
these rules and regulations shall contain the specific limits necessary to comply with the
provisions of 314 CMR 12.09(1).
(6) Any person operating a system of sewers shall prohibit the
discharge of wastes into such sewers that will violate the provisions of 314 CMR
12.08. Such person shall take all reasonable measures to safeguard against the discharge
of such wastes.
(7) All wastes shall receive appropriate treatment as required by
314 CMR 3.00 and 5.00.
(8) No person responsible for the operation of treatment works
shall permit wastes to bypass the facility or any portion, unit or part thereof, except as
may be necessary under existing design limitations as approved by the Department, unless
in accordance with the provisions of a discharge permit. If bypassing due to an emergency
condition occurs, the Department shall be notified immediately. Such notification or its
acknowledgement shall not be construed as permission by the Department to discharge wastes
in contravention of the Massachusetts water quality standards.
(9) The Department may require that all valved waste bypass lines
or outfalls which discharge to the waters of the Commonwealth have a seal installed at the
valve such that the seal would be broken whenever the valve is opened. Such seals shall not be replaced without the
approval of the Department or its authorized representatives. A schedule for periodic testing of valves must be
approved by the appropriate Regional Environmental Engineer of the Department.
(10) All flow regulators and other like devices in a sewer system
shall be so maintained that no discharge occurs at less than the designed overflow rate
and in no instance less than the dry weather flow conditions if the designed overflow rate
is not known.
(11) Any person operating a sewer system or wastewater treatment
facility constructed after January 1, 1940 shall maintain permanent and adequate sets
of plans for such facilities. Any person
operating such facilities constructed on or before January 1, 1940 shall maintain
permanent and adequate sets of plans which were available at the time of adoption of these regulations. Sewer system plans shall
indicate location, size, slope and type of material of the pipe and any appurtenances.
(12) All records referred to in 314 CMR 12.07 and all plans
and descriptions of wastewater treatment facilities and related appurtenances required by
314 CMR 12.03(11) shall be made available to the Department upon request.
12.04: Maintenance of Treatment Works
(1) Any person operating wastewater treatment facilities shall
prepare, adopt and keep current an operation and maintenance manual. The operation and maintenance manual shall contain
information necessary for the operator of the treatment works to properly operate and
maintain said treatment works in accordance with the requirements of 314 CMR 12.00
and shall include at a minimum the following items:
(a) Introduction
(b) Permits and Standards
(c) Description, Operation and Control of Wastewater Treatment
Facilities
(d) Description, Operation and Control of Sludge Handling
Facilities
(e) Personnel
(f) Sampling and Laboratory Analysis
(g) Records and Reporting
(h) Maintenance
(i) Emergency Operating and Response Program
(j) Safety
(k) Utilities
(2) All wastewater treatment facilities shall be provided with
adequate operating personnel to ensure proper operation and the required degree of
treatment at all times.
(3) In order to assure proper operation and maintenance, the
Department may determine and require a minimum number of shifts and personnel per shift
for any wastewater treatment facility taking into consideration the size, complexity and
safety requirements of the particular facility. Any
person operating wastewater treatment facilities shall prepare and submit to the
Department a staffing plan. Said staffing
plan shall contain a description of the number and qualifications of personnel necessary
to ensure proper and continuous operation of the facilities and shall address the
following items:
(a) Number of operational days per week;
(b) Number of operational hours per week;
(c) Number of shifts per day;
(d) Required personnel per shift;
(e) Saturday, Sunday and Holiday staff coverage; and
(f) Emergency operating personnel.
The staffing plan shall
be updated every two years.
If the owner of the
wastewater treatment facility intends to contract for operation of the facility, such
contract shall be submitted to the Department for review and approval prior to execution
of the contract.
(4) Any person operating a sewer system shall cause the daily
inspection of all pumping, ejector or lift stations on intercepting, trunk or main sewers.
Said person shall maintain records of daily inspections and shall submit annually to the
Department a report summarizing inspection activities for the previous year.
(5) All pumping, ejector or lift stations shall be provided with
an adequate and operational alarm system that will transmit a warning of a malfunction at
the facility to a manned facility. Operational
alarm systems shall be tested at least twice annually.
(6) All pumping, ejector or lift stations shall be provided with
an independent engine/generator-type source of electric power or a completely separate
alternate source of power other than from the electric utility for emergency operations. This source shall be automatically activated by
failure of any phase of the power supply or upon any fluctuation in voltage, the amount or
duration of which would cause damage to the motors. As
an alternative for small pumping ejector or lift stations which are not located adjacent
to drinking water supplies, storage (including system storage) equal to the maximum amount
of wastewater (including infiltration and inflow) which can be expected may be provided,
or a portable standby generator may be used or a portable engine-driven pump may be
supplied which can be readily connected to the force main.
Electric generators and engine driven pumps shall be tested at least twice
annually.
(7) Any person operating a treatment works shall control the
discharge of septage so that its entry into the wastewater treatment facility will not
interfere with the proper operation and maintenance of the facility, degrade the effluent
or violate the current Massachusetts water quality standards.
(8) Any person operating treatment works shall maintain the
facilities in a manner that will ensure proper operation of the facilities or any part
thereof.
(9) Any person operating treatment works shall establish and
implement a preventive maintenance program to assure the efficient operation of all
facilities and equipment.
(10) Any person operating a treatment works shall provide
sufficient and adequate tools, equipment, spare parts and supplies to maintain and operate
all appurtenances of the facility on a continuing basis.
(11) A reserve supply of all parts and supplies having a high
replacement rate shall be on hand at all times.
(12) All standby and other equipment shall be maintained in an
operable condition.
(13) All tidegates and flap valves shall be maintained in an
operable condition.
(1) All equipment and tools utilized by personnel working on
treatment works shall be maintained by all persons in a safe and useable condition.
(2) Any person at facilities maintaining chlorine equipment shall
be provided with self-contained compressed air breathing apparatus and be instructed in
its use. It is strongly suggested that an
emergency tank repair kit be provided at facilities utilizing gaseous chlorine and that
personnel be instructed in the use of such repair kit.
(3) Self-contained compressed air masks, air tanks and all
connections thereto shall be inspected and tested at least once every six months for
general condition or operating functions. The
tank shall be inspected for safety and structural integrity once every five years.
(4) At least one spare fully charged cylinder shall be kept on
hand when self-contained compressed air masks are provided as required under 314
CMR 12.05(2).
(5) Any person operating a sewer system or a wastewater treatment
facility shall submit a report to the Department concerning any death or major injuries
occurring at said facility. The report shall
include as a minimum:
(a) the duties of the individual or individuals involved;
(b) what occurred;
(c) the cause (if known) of the accident;
(d) the extent of injuries; and
(e) the steps taken to minimize and prevent future accidents of
like type.
(A copy of the insurance
or municipal accident report will be accepted if the above items are included.)
(6) Personnel involved in the maintenance and operation of sewer
systems and wastewater treatment facilities shall be provided access to properly operating
devices to determine the degree of flammability of an atmosphere, the amount of oxygen in
an atmosphere, safety harness, rope, and any other safety devices required according to
the duties involved.
(7) Any person operating a sewer system or wastewater treatment
facility shall provide adequate means for the practice of good personal hygiene by working
personnel.
(8) At least one person on each shift should have an up-to-date
certificate of training in basic or, preferably, advanced first aid obtainable through the
American Red Cross.
(9) All wastewater treatment facilities personnel shall have
immediate access to an approved first aid kit which shall be kept provided with adequate
supplies at all times.
(10) Any person operating a treatment works receiving sewage shall
provide personnel, working at such works, with tetanus toxoid inoculations and with
inoculation of typhoid vaccine. Required
inoculations shall be kept current according to the most recent Department of Public
Health requirements.
(11) Water-proofed gloves shall be provided as a minimum for
working personnel who are likely to come into contact with sewage. It is strongly suggested that a complete change of
work clothes be provided during working hours.
(12) Any and all alarm systems provided by wastewater treatment
facility operators and sewer system operators shall be maintained in an operable condition
and so certified by them twice annually as to testing of said devices and the results
submitted to the Department.
12.06: Sampling and Analysis
(1) Any person operating a wastewater treatment facility shall
provide laboratory facilities as required by the Department.
(2) All sampling and analysis required under 314 CMR 12.00
shall be in accordance with 40 CFR Part 136 or other methods approved by the
Department.
(3) Any person operating a wastewater treatment facility shall
provide adequate laboratory equipment and supplies. No
reagents shall be used that are contaminated or beyond the age recommendations of the
latest edition of "Standard Methods for the Examination of Water and
Wastewater".
(4) The type and frequency of laboratory determinations and other
data required to be submitted to the Department by each waste treatment facility shall be
determined by the Department for each particular facility.
12.07: Record Keeping and Reporting
(1) Monthly operating records shall be maintained in accordance
with the most recent edition of the Department's publication titled "Directions for
Completing Monthly Report Form for Wastewater Treatment Plants" which shall be
available from the Department on request.
(2) Records of operation of wastewater treatment facilities or
disposal systems required by the Department shall be submitted on forms supplied by the
Department or on other forms approved by the Department for such use. Monthly reports
shall be certified by the wastewater treatment plant operator in charge and submitted by
the 10th calendar day of the following month, unless otherwise specified in the permit.
The Department may change the date of submittal upon receiving a written request from the
person explaining the reason that this regulation imposes an unreasonable hardship.
(3) Records shall be maintained of pumping, ejector or lift
station failures which shall provide as a minimum the reason for failure, length of time
out of service, and total volume bypassed or overflowed.
These records shall be submitted to the Department
within five days of such failure. Any
resulting overflow or bypass shall be reported to the Department in accordance with the
provisions of 314 CMR 3.19(20)(e) and
5.19(20)(e).
(4) Records shall be maintained of septage discharged to the
treatment works. They shall contain as a
minimum, the date, time, source, volume discharged and whether or not the load contained
industrial wastes. Septage discharged at a wastewater treatment facility shall be tested
for pH. These records shall be made available
to the Department or the appropriate Regional
Environmental Engineer of the Department upon request.
(5) Data contained in the monthly operating records or other such
records submitted to the Department shall be factual and accurate to the best knowledge of
the person operating the wastewater treatment facility.
(6) Records of all monitoring information including all
calibration and maintenance records and all original strip chart recordings for continuous
monitoring instrumentation, and copies of all reports required by 314 CMR 12.00 shall
be retained, for a period of at least three years from the date of the sample,
measurement, or report. This period may be
extended by request of the Department at any time.
Records of monitoring
information shall include:
(a) The date, exact place, and time of sampling or measurements;
(b) The name of the individual(s) who performed the sampling or
measurement;
(c) The date(s) analyses were performed;
(d) The name of the individual(s) who performed the analyses;
(e) The analytical techniques or methods used; and
(f) The results of such analyses.
(7) Every person owning a sewer system shall maintain records on
all sewer connections authorized for the discharge of fewer than 15,000 gallons per day of
sewage to the sewer system. For each
connection, the records shall include the location of the connection, the date of
authorization, and the volume of sewage authorized to be discharged. By January 31 of each year, the owner of a sewer
system shall submit a copy of the records for the preceding calendar year to the owner of
the wastewater treatment facility to which the sewer system conveys sewage and, upon
request, shall submit a copy of the records, or make them available, to the Department.
12.08: Prohibitions
and Standards for Discharge to POTWs
(1) General prohibitions. No person shall discharge or cause to be
discharged to a POTW any substances, materials, or wastewaters that can harm the sewers,
wastewater treatment process, or equipment; have an adverse effect on the receiving waters
or can otherwise endanger life, limb, public property, or constitute a nuisance. In determining the acceptability of these
wastewaters, consideration shall be given to such factors as the quantities of such
wastewaters in relation to flows and velocities in the sewers, materials or construction
of sewers, nature of the wastewater treatment process, capacity of the wastewater
treatment process, degree of treatability of such wastewaters in the wastewater treatment
plant, and other pertinent factors. Pollutants
introduced into POTW's by a non-domestic source shall not pass through the POTW or
interfere with the operation or performance of the works.
These general prohibitions and the specific prohibitions in 314 CMR
12.08(2) apply to all non-domestic sources introducing pollutants into a POTW whether or
not the source is subject to other pretreatment standards or any other Federal, State, or
local pretreatment requirements.
(2) Specific prohibitions. In addition, the following pollutants shall not be
introduced into a POTW:
(a) Pollutants which create a fire or explosion hazard in the
POTW;
(b) Pollutants which will cause corrosive structural damage to the
POTW, but in no case discharges with pH lower than 5.5, unless the works is specifically
designed to accommodate such discharges;
(c) Solid or viscous pollutants in amounts which will cause
obstruction to the flow in the POTW resulting in interference;
(d) Any pollutant, including oxygen demanding pollutants released
in a discharge at a flow rate and/or pollutant concentration which will cause interference
with the POTW;
(e) Heat in amounts which will inhibit biological activity in the
POTW resulting in interference, but in no case heat in such quantities that the
temperature at the POTW treatment plant exceeds 400C (1040F) unless the Department, upon
request of the POTW, approves alternate temperature limits.
(3) Local Limits.
Any indirect discharger shall comply with the local sewer use rules and regulations
established pursuant to 314 CMR 12.03(5).
(4) Categorical Pretreatment Standards. In addition to the general and specific
prohibitions and local limits established in 314 CMR 12.08(1), (2), and (3),
industrial users shall comply with applicable categorical pretreatment standards
established in 40 CFR Chapter I, Subchapter N.
(a) Deadline for compliance. Compliance by existing sources with categorical
pretreatment standards shall be within three years of the date the standard is effective
unless a shorter compliance time is specified in applicable Federal law or regulations. Compliance with categorical pretreatment standards
by new sources will be required upon promulgation.
(b) Dilution prohibited. Except where expressly authorized to do so by an
applicable categorical pretreatment standard, no industrial user shall ever increase the
use of process water or, in any other way, attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve compliance with a categorical
pretreatment standard.
(c) Combined wastestreams. Where process effluent regulated by a categorical
pretreatment standard is mixed with other wastewaters prior to treatment, fixed
alternative discharge limits may be established in accordance with 40 CFR 403.6(e).
(d) POTW removal credits. Any POTW receiving wastes from an industrial user
subject to categorical pretreatment standards may request revision of discharge limits for
a specific pollutant based on the POTW's consistent removal of that pollutant. Any such request shall be made and determined in
accordance with 40 CFR 403.7, 403.9 and 403.11.
(e) Fundamentally different factors. Where factors relating to an industrial user are
fundamentally different from the factors considered by EPA during the development of a
categorical pretreatment standard, and the existence of those factors justifies a
different discharge limit from that specified in the standard, any person may request a
fundamentally different factors variance from the applicable categorical pretreatment
standard. Requests for such variances shall be submitted and determined in accordance with
40 CFR 403.13.
(f) Category determination requests. A request for a determination as to whether an
industrial user is included in a particular industrial category shall be submitted to and
processed by the Department in accordance with the provisions of 40 CFR 403.6(a).
(g) Reporting requirements. Any industrial user subject to categorical
pretreatment standards shall prepare and submit the reports required by, and in accordance
with 40 CFR 403.12.
(5) State-imposed standards. Where necessary to enforce the prohibitions in
314 CMR 12.08(1) and (2), the Department may establish on a case-by-case basis,
specific limits on the discharge of wastewater from any user. Such limits may be established as a condition of
an individual sewer connection permit issued pursuant to 314 CMR 7.00 or an
administrative order issued to the discharger pursuant to M.G.L. c. 21, § 44.
(6) Where more than one standard established under 314 CMR
12.08(1), (2), (3), (4), or (5) is applicable to an indirect discharge to a POTW the most
stringent standard shall be applied.
(7) Any pretreatment facility which treats hazardous waste must
also comply with the requirements of 310 CMR 30.000.
12.09: POTW Pretreatment Programs
(1) POTW-imposed limits.
(a) POTW's developing POTW Pretreatment Programs pursuant to
314 CMR 12.09(2) shall develop and enforce specific limits to implement the
prohibitions listed 314 CMR 12.08 (1) and (2).
(b) All other POTW's 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
PL 92-500, § 307(d).
(2) POTW pretreatment programs.
(a) POTWs required to develop a pretreatment program. Any POTW (or combination of POTWs operated by the
same authority) with a total design flow greater than 5,000,000 gallons per day (mgd) and
receiving from industrial users pollutants which pass through or interfere with the
operation of the POTW or are otherwise subject to pretreatment standards are required to
establish a POTW Pretreatment Program. The
Department may require that a POTW with a design flow of five mgd or less 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 (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 or 5.00, 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 Clean Water Act, P.L. 92-500, as amended by
P.L. 95-217 and P.L. 95-576, 33 U.S.C. 1251 et seq and regulations
adopted thereunder.
An approved POTW pretreatment program shall be incorporated as a condition of the
POTWs discharge permit issued pursuant to 314 CMR 3.00 or 5.00, 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).
(1) Except for 314 CMR 12.03(3), 12.04(2), 12.08(1) and (2), dry
cleaners subject to 310 CMR 72.00 need not comply with any other provisions of 314 CMR
12.00.
(2) Photo processors subject to 310 CMR 71.00 need not comply with
any provisions of 314 CMR 12.00.
REGULATORY AUTHORITY