ILLINOIS POLLUTION CONTROL BOARD

September

28, 1989

IN THE MATTER OF:

)

R89—3

PRETREATMENT UPDATE

)

(Identical

in Substance Rules)

(7/1/88

—

12/31/88)

)

ADOPTED RULE.

FINAL ORDER

ORDER OF THE BOARD

(by J. Anderson):

The Board amends the Illinois pretreatment regulations

pursuant

to Section 13.3 of the Environmental Protection Act

(Act),

Ill. Rev.

Stat.

ch.

lii 1/2, par.

1013.3.

Section 13.3 of

the Act requires the Board to adopt

regulations which are “identical

in substance”

with the federal

regulations promulgated by the United States Environmental

Protection Agency (USEPA)

to implement the pretreatment

requirement of Sections 307 and 402 of the Clean Water Act,

previously known as the Federal Water Pollution Control

Act.

Section 13.3 provides that Title VII of the Act and Sections

5

and 6.02

of the Administrative Procedure act (APA)

do not apply

to identical in substance regulations adopted for the

pretreatment program.

However, Section 13.3 of

the Act does

require the Board to provide

for notice and public comment before

rules are filed with the Secretary of State.

This

rulemaking

updates the Illinois pretreatment

rules to correspond with major

federal amendments which appeared at

53 Fed.

Reg.

40610, October

17, 1988 and 53

Fed. Reg.

52369, December

27,

1988.

This Order

is supported by an Opinion adopted

this same

day.

The Board will delay filing the adopted

rule with the

Office of the Secretary of State for

15 days,

in order

to allow

U.S.

EPA an opportunity to comment.

Because of its length,

the

text of

the adopted rule will not be published

in the

Environmental Register,

or appear

in the Opinion volumes.

The

complete text of

the adopted rules follows.

IT

IS SO ORDERED.

I, Dorothy

M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that

the above Final Order was adopted on

-,

L;’_~

—I.---

the

~‘

i

‘-

day of

________________,

1989,

by a vote

of

____________

.

/~

,‘

“1

Dorothy M. ,9~inn,Clerk

Illinois Pollution Control Board

103--623

---

2

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE

C:

WATER POLLUTION

CHAPTER

I:

POLLUTION CONTROL BOARD

PART 307

SEWER DISCHARGE CRITERIA

SUBPART A:

GENERAL PROVISIONS

Section

307.101

307.102

307.103

307.104

307.105

307.1001

307

*

1002

307.1003

307.1005

Section

307.1101

307.1102

307.1103

Section

307.1501

307.1502

307.1503

307.1504

307.1505

307.1506

307. 1507

307

.

1508

307.1509

307.1510

307.1511

307.1512

Preamble (Renumbered)

General Requirements

(Renumbered)

Mercury (Renumbered)

Cyanide (STORET number 00720)

(Renumbered)

Pretreatment Requirements

(Repealed)

Preamble

Definitions

Test Procedures

for Measurement

Toxic Pollutants

Receiving Stations

Fluid Products

Cultured Products

Butter

Condensed Milk

Dry Milk

Condensed Whey

Dry Whey

Corn Wet Milling

Corn Dry Milling

Normal Wheat Flour

Bulgur Wheat Flour

Normal Rice Milling

Parboiled Rice Milling

Animal Feed

Hot Cereal

Ready—to—eat Cereal

Wheat Starch and Gluten

SUBPART

B:

GENERAL AND SPECIFIC PRETREATMENT REQUIREMENTS

General and Specific Requirements

Mercury

Cyanide

SUBPART

F:

DAIRY PRODUCTS PROCESSING

Cottage Cheese and Cultured Cream Cheese

Natural and Processed Cheese

Fluid Mix for Ice Cream and other Frozen Desserts

Ice Cream, Frozen Desserts, Novelties and Other Dairy

Desserts

SUBPART

G:

GRAIN MILLS

Section

307.1601

307.1602

307.1603

307. 1604

307.1605

307.1606

307.1607

307.1608

307 .1609

307.1610

Milling

Milling

103—624

---

3

SUBPART H:

CANNED AND PRESERVED FRUITS AND VEGETABLES

Section

307.1700

307.1701

307.1702

307.1703

307.1704

307.1705

307.1706

307.1707

307.1708

Section

307

*

1801

307 .1815

Section

307.1901

307.1902

307.1903

Section

307.2000

307.2001

307.2002

307.2003

307.2004

307.2005

307.2006

307.2007

307.2008

307. 2009

Section

307.2101

307.2102

307.2103

Section

307.2201

307.2202

Section

307.2300

307.2301

307.2302

307.2304

307.2305

General Provisions

Apple Juice

Apple Products

Citrus Products

Frozen Potato Products

Dehydrated Potato Products

Canned and Preserved Fruits

Canned and Preserved Vegetables

Canned and Miscellaneous Specialties

SUBPART

I:

CANNED AND PRESERVED SEAFOOD

Farm-raised Catfish

Fish Meal Processing Subcategory

SUBPART J:

SUGAR PROCESSING

Beet Sugar Processing

Crystalline Cane

Sugar Refining

Liquid Cane Sugar Refining

SUBPART K:

TEXTILE MILLS

General Provisions

Wool Scouring

Wool Finishing

Low Water Use Processing

Woven Fabric Finishing

Knit Fabric Finishing

Carpet Finishing

Stock and Yarn Finishing

Nonwoven Manufacturing

Felted Fabric Processing

SUBPART

L:

CEMENT MANUFACTURING

Nonleaching

Leaching

Materials Storage Piles Runoff

General

Ducks

SUBPART

M:

FEEDLOTS

SUBPART

N:

ELECTROPLATING

General Provisions

Electroplating of Common Metals

Electroplating of Precious Metals

Anodizing

Coatings

103--625

---

4

307.2306

307.2307

307.2308

SUBPART

Section

307.2400

307. 2401

307. 2402

307.2403

307

*

2404

307.2405

307.2406

307.2407

307.2490

307.2491

Section

307.2500

307. 2501

307.2502

307.2503

307.2504

307.2505

307.2506

307

*

2508

307.2509

307.2511

307.2512

307.2513

307.2514

307.2516

307.2517

307.2520

307.2522

307.2523

307.2524

307.2527

307.2528

307.2529

307.2530

307.2531

307.2533

307.2534

307.2535

307

*

2536

307.2538

307.2540

307.2541

307.2542

307.2543

Chemical Etching and Milling

Electroless Plating

Printed Circuit Boards

0:

ORGANIC CHEMICALS,

PLASTICS AND SYNTHETIC FIBERS

General Provisions

Rayon Fibers

Other Fibers

Thermoplastic Resins

Thermosetting Resins

Commodity Organic Chemicals

Bulk Organic Chemicals

Specialty Organic Chemicals

Non-complexed Metal-bearing and Cyanide-bearing

Wastestreams

Complexed Metal—bearing Wastestreams

SUBPART P:

INORGANIC CHEMICALS MANUFACTURING

General Provisions

Aluminum Chloride Production

Aluminum Sulfate Production

Calcium Carbide Production

Calcium Chloride Production

Calcium Oxide Production

Chlor-alkali Process

(Chlorine and Sodium or

Potassium Hydroxide Production)

Hydrofluoric Acid Production

Hydrogen Peroxide Production

Potassium Metal Production

Potassium Dichromate Production

Potassium Sulfate Production

Sodium Bicarbonate Production

Sodium Chloride Production

Sodium Dichromate and Sodium Sulfate Production

Sodium Sulfite Production

Titanium Dioxide Production

Aluminum Fluoride Production

Ammoniurn

Chloride Production

Borax Production

Boric Acid Production

Bromine Production

Calcium Carbonate Production

Calcium Hydroxide Production

Carbon Monoxide and Byproduct Hydrogen Production

Chrome Pigments Production

Chromic Acid Production

Copper Salts Production

Ferric Chloride Production

Fluorine Production

Hydrogen Production

Hydrogen Cyanide Production

Iodine Production

103—626

---

5

307.2544

307.2545

307.2547

307

.

2549

307.2550

307.2551

307.2553

307.2554

307.2555

307.2560

307.2563

307.2564

307.2565

307.2566

307.2567

Section

307.2701

307.2702

307

.

2703

307

*

2704

307.2705

307.2706

307.2707

307. 2708

307.2709

307.2710

307.2711

307.2712

307.2713

307.2714

307.2715

307.2716

307.2717

307.2718

307.2719

Section

307.2801

307.2802

307

*

2803

307.2804

307.2805

307.2806

307.2807

Section

307.2901

307.2902

307.2903

Lead Monoxide Production

Lithium Carbonate Production

Nickel Salts Production

Oxygen and Nitrogen Production

Potassium Chloride Production

Potassium Iodide Production

Silver Nitrate Production

Sodium Bisulfite Production

Sodium Fluoride Production

Stannic Oxide Production

Zinc Sulfate Production

Cadmium Pigments and Salts Production

Cobalt Salts Production

Sodium Chlorate Production

Zinc Chloride Production

SUBPART R:

SOAP AND DETERGENTS

Soap Manufacturing by Batch Kettle

Fatty Acid Manufacturing by Fat Splitting

Soap Manufacturing by Fatty Acid Neutralization

Glycerine Concentration

Glycerine Distillation

Manufacture of Soap Flakes and Powders

Manufacture of Bar Soaps

Manufacture of Liquid Soaps

Oleum Sulfonation and Sulfation

Air—Sulfur Trioxide Sulfation and Sulfonation

Sulfur Trioxide Solvent and Vacuum Sulfonat~ion

Sulfamic Acid Sulfation

Chiorosulfonic Acid Sulfation

Neutralization

of Sulfuric Acid Esters and Sulfonic

Acids

Manufacture of Spray Dried Detergents

Manufacture of Liquid Detergents

Manufacturing of Detergents

by Dry Blending

Manufacture of Drum Dried Detergents

Manufacture of Detergent Bars and Cakes

SUBPART

S:

FERTILIZER MANUFACTURING

Phosphate

Ammonia

Urea

Arnmonium Nitrate

Nitric Acid

Arnmonium Sulfate Production

Mixed and Blend Fertilizer Production

SUBPART T:

PETROLEUM REFINING

Topping

Cracking

Petrochemical

1r13~627

---

6

Cokemak Ing

Sintering

Ironmaking

Steelmaking

Vacuum Degassing

Continuous Casting

Hot Forming

Salt Bath Descaling

Acid Pickling

Cold Forming

Alkaline Cleaning

Hot Coating

SUBPART V:

NONFERROUS METALS MANUFACTURING

General Provisions

Bauxite Refining

Primary Aluminum Smelting

Secondary Aluminum Smelting

Primary Copper Smelting

Primary Electrolytic Copper

Secondary Copper

Primary Lead

Primary Zinc

Metallurgical Acid Plants

Primary Tungsten

Primary Columbium-Tantalum

Secondary Silver

Secondary Lead

Primary Antimony

Primary Beryllium

Primary and Secondary Germanium and Gallium

Secondary Indium

Secondary Mercury

Primary Molybdenum and Rhenium

Secondary Molybdenum and Vanadium

Primary Nickel and Cobalt

Secondary Nickel

Primary Precious Metals and Mercury

Secondary Precious Metals

Primary Rare Earth Metals

Secondary Tantalum

Secondary Tin

Primary and Secondary Titanium

Secondary Tungsten and Cobalt

Secondary Uranium

Primary Zirconium and Hafnium

Lube

Integrated

SUBPART U:

IRON AND STEEL MANUFACTURING

General Provisions

307. 2904

307.2905

Section

307.3000

307.3001

307.3002

307.3003

307.3004

307.3005

307.3006

307.3007

307.3008

307. 3009

307.3010

307

*

3011

307.3012

Section

307.3100

307.3101

307.3102

307.3103

307.3104

307.3105

307.3106

307.3107

307.3108

307.3109

307.3110

307.3111

307.3112

307.3113

307.3114

307.3115

307

*

3116

307.3117

307.3118

307.3119

307. 3120

307.3121

307.3122

307.3123

307.3124

307.3125

307.3126

307.3127

307.3128

307.3129

307.3130

307.3131

Refining

103--62~

---

7

SUBPART X:

STEAM ELECTRIC POWER GENERATING

Section

307.3301

Section

307.3401

307.3402

307.3403

307.3404

307.3405

307.3406

307.3407

Section

307.3500

307.3501

307.3502

307.3503

307.3504

307. 3505

307

*

3506

307.3507

307.3508

307.3509

307.3590

Section

307. 3601

307.3602

307.3603

307.3604

307.3605

307.3606

307.3607

307.3608

307.3610

307.3611

307.3612

307.3613

Section

307.3701

307.3702

307.3703

307.3704

307.3705

307. 3706

Steam Electric Power Generating

SUBPART Y:

FERROALLOY MANUFACTURING

Open Electric Furnaces With Wet Air Pollution Control

Devices

Covered Electric Furnaces and Other Smelting

Operations with Wet Air Pollution Control Devices

Slag Processing

Covered Calcium Carbide Furnaces With Wet Air

Pollution Control Devices

Other Calcium Carbide Furnaces

Electrolytic Manganese Products

Electrolytic Chromium

SUBPART

Z:

LEATHER TANNING AND FINISHING

General Provisions

Hair Pulp, Chrome Tan, Retan—Wet Finish

Hair Save,

Chrome Tan, Retan—Wet Finish

Hair Save or Pulp, Non—Chrome Tan, Retan—Wet Finish

Retan—Wet Finish—Sides

No Beamhouse

Through—the—Blue

Shearling

Pigskin

Retan—Wet Finish—Splits

Potassium Ferricyanide Titration Method

SUBPART BA:

GLASS MANUFACTURING

Insulation Fiberglass

Sheet Glass Manufacturing

Rolled Glass Manufacturing

Plate Glass Manufacturing

Float Glass Manufacturing

Automotive Glass Tempering

Automotive Glass Laminating

Glass Container Manufacturing

Glass Tubing

(Danner) Manufacturing

Television Picture Tube Envelope Manufacturing

Incandescent Lamp Envelope Manufacturing

Hand Pressed and Blown Glass Manufacturing

SUBPART BB:

ASBESTOS MANUFACTURING

Asbestos-Cement

Pipe

Asbestos-Cement

Sheet

Asbestos Paper

(Starch Binder)

Asbestos Paper

(Elastomeric Binder)

Asbestos Millboard

Asbestos Roofing

103~629

---

8

307.3707

307.3708

307.3709

307

*

3710

307.3711

Section

307.3801

307.3802

307.3803

307.3804

307.3805

307.3806

307.3807

307.3808

307. 3809

307.3810

307.3811

Section

307.3900

307.3901

307.3902

307.3903

307.3904

307.3905

307.3906

307.3907

307.3908

307.3909

307.3910

307.3911

307. 3912

307.3913

307.3914

307

.

3915

307.3916

Section

307.4000

307.4001

307.4002

307.4004

307.4005

307.4006

Asbestos Floor Tile

Coating or Finishing of Asbestos Textiles

Solvent Recovery

Vapor Absorption

Wet Dust Collection

SUBPART BC:

RUBBER MANUFACTURING

Tire and Inner Tube Plants

Emulsion Crumb Rubber

Solution Crumb Rubber

Latex Rubber

Small—Sized General Molded,

Extruded and Fabricated

Rubber Plants

Medium—Sized General Molded, Extruded and Fabricated

Rubber Plants

Large—Sized General Molded,

Extruded and Fabricated

Rubber Plants

Wet Digestion Reclaimed Rubber

Pan,

Dry Digestion and Mechanical Reclaimed Rubber

Latex-Dipped, Latex-Extruded and Latex—Molded Rubber

Latex Foam

SUBPART BD:

TIMBER PRODUCTS PROCESSING

General Provisions

Barking

Veneer

Plywood

Dry Process Hardboard

Wet Process Hardboard

Wood Preserving-Water Borne or Nonpressure

Wood Preserving-Steam

Wood Preserving-Boulton

Wet Storage

Log Washing

Sawmills and Planing Mills

Finishing

Particleboard Manufacturing

Insulation Board

Wood Furniture and Fixture Production Without Water

Wash Spray Booth(s) or Without Laundry Facilities

Wood Furniture and Fixture Production with Water Wash

Spray Booth(s) or With Laundry Facilities

SUBPART BE:

PULP, PAPER AND PAPERBOARD

General Provisions

Unbleached Kraft

Semi-Chemical

Unbleached Kraft—Neutral Sulfite Semi—Chemical

(Cross

Recovery)

Paperboard From Wastepaper

Dissolving Kraft

103 63fl

---

9

307

*

4007

307.4008

307. 4009

307.4010

307.4011

307. 4012

307.4013

307.4014

307.4015

307.4016

307.4017

307.4018

307.4019

307.4020

307.4021

307.4022

307.4023

307.4024

307.4025

307.4026

Section

307

*

4101

Section

307.4201

307.4202

307.4203

307.4204

307.4205

307.4206

307.4207

307.4208

307.4209

307.4210

Section

307.4300

307.4301

Section

307.4900

307.4901

307.4902

307.4903

307.4904

307.4905

Market Bleached Kraft

BCT Bleached Kraft

Fine Bleached Kraft

Papergrade Sulfite

(Blow Pit Wash)

Dissolving Sulfite Pulp

Groundwood-Chemi-Mechanical

G roundwood-Thermo—Mechanical

Groundwood-CMN Papers

Groundwood-Fine Papers

Soda

Deink

Nonintegrated—Fine Papers

Nonintegrated—Tissue Papers

Tissue From Wastepaper

Papergrade Sulfite

(Drum Wash)

Unbleached Kraft and Semi-Chemical

Wastepaper-Molded Products

Nonintegrated—Lightweight

Papers

Nonintegrated-Filter and Nonwoven Papers

Nonintegrated—Paperboard

SUBPART BF:

BUILDERS’

PAPER AND BOARD MILLS

Builder’s Paper and Roofing Felt

SUBPART BG:

MEAT PRODUCTS

Simple Slaughterhouse

Complex Slaughterhouse

Low—Processing Packinghouse

High—Processing Packinghouse

Small Processor

Meat Cutter

Sausage and Luncheon Meats Processor

Ham Processor

Canned Meats Processor

Renderer

SUBPART BH:

METAL FINISHING

General Provisions

Metal Finishing

SUBPART BN:

PHARMACEUTICAL MANUFACTURING

General Provisions

Fermentation Products

Extraction Products

Chemical Synthesis Products

Mixing/Compounding and Formulation

Research

103-631

---

10

SUBPART

Section

307.5301

307.5302

307.5303

307.5304

Section

307.5601

Section

307.5701

Section

307.6500

307.6501

307.6502

307.6503

Section

307.6801

307.6802

307.6803

307.6804

Section

307.7100

307.7101

307.7102

307.7103

307.7104

307.7105

307.7106

307.7107

Section

307.7300

307.7301

307.7302

307.7303

Section

307.7400

307.7401

307.7402

307.7403

307.7404

BR:

PAVING AND ROOFING MATERIALS

(TARS AND ASPHALT)

Asphalt Emulsion

Asphalt Concrete

Asphalt Roofing

Linoleum and Printed Asphalt Felt

SUBPART BU:

PAINT FORMULATING

Oil—Base Solvent Wash Paint

SUBPART

BV:

INK FORMULATING

Oil-Base Solvent Wash Ink

SUBPART CD:

PESTICIDE CHEMICALS

General Provisions

Organic Pesticide Chemicals Manufacturing

Metallo—Organic Pesticides Chemicals Manufacturing

Pesticide Chemicals Formulating and Packaging

SUBPART CG:

CARBON BLACK MANUFACTURING

Carbon Black Furnace Process

Carbon Black Thermal Process

Carbon Black Channel Process

Carbon Black Lamp Process

SUBPART CJ:

BATTERY MANUFACTURING

General Provisions

Cadmium

Ca 1c iurn

Lead

Leclanche

Lithium

Magnesium

Zinc

SUBPART CL:

PLASTICS MOLDING AND FORMING

General Provisions

Contact Cooling and Heating Water

Cleaning Water

Finishing Water

SUBPART CM:

METAL MOLDING AND CASTING

General Provisions

Aluminum Casting

Copper Casting

Ferrous Casting

Zinc Casting

103—632

---

11

SUBPART

CN:

COIL

COATING

Section

307.7500

307 .7501

307.7502

307.7503

307.7504

Section

307.7600

307.7601

307.7602

307.7603

307.7604

Section

307.7700

307.7701

307.7702

307.7703

307.7704

307.7705

307

*

7706

Section

307.7800

307.7801

307.7802

Section

307.7901

307.7902

307.7903

307.7904

General

Provisions

Steel

Basis

Material

Galvanized

Basis

Material

Aluminum Basis Material

Canmaking

SUBPART CO:

PORCELAIN ENAMELING

General Provisions

Steel Basis Material

Cast Iron Basis Material

Aluminum Basis Material

Copper Basis Material

SUBPART CP:

ALUMINUM FORMING

General Provisions

Rolling With Neat Oils

Rolling With Emulsions

Extrusion

Forging

Drawing With Neat Oils

Drawing With Emulsions or Soaps

SUBPART CQ:

COPPER FORMING

General Provisions

Copper Forming

Beryllium Copper Forming

SUBPART CR:

ELECTRICAL AND ELECTRONIC COMPONENTS

Semiconductor

Electronic Crystals

Cathode Ray Tube

Luminescent Materials

SUBPART CT:

NONFERROUS METALS FORMING AND METAL POWDERS

Section

307.8100

307.8101

307.8102

307.8103

307.8104

307.8105

307.8106

307 .8107

307.8108

307.8109

307.8110

General Provisions

Lead—Tin—Bismuth Forming

Magnesium Forming

Nickel-Cobalt Forming

Precious Metals Forming

Refractory Metals Forming

Titanium Forming

Uranium Forming

Zinc Forming

Zirconium—Hafnium Forming

Metal Powders

103—633

---

12

Appendix A

References

to

Previous

Rules

(Repealed)

AUTHORITY:

Implementing Sections 13 and 13.3 and authorized by

Section 27 of the Environmental Protection Act

(Ill.

Rev. Stat.

1987,

ch. ill 1/2, pars.

1013, 1013.3 and 1027,

as amended by

P.A.

85—1048, effective January

1,

1989).

SOURCE:

Adopted

in R70—5, at

1 PCB 426, March

31,

1971;

amended

in

P.71—14,

at

4

PCB

3,

March

7,

1972;

amended

in

P.74—3,

at

19

PCB

182,

October

30,

1975;

amended

in

R74—l5,

16,

at

31

PCB

405,

at

2

Ill. Reg.

44,

p.

151, effective November

2,

1978;

amended

in P.76—17,

at

31 PCB 713,

at

2

Ill. Reg.

45,

p.

101,

effective

November

5,

1978;

amended in P.76—21,

at

44 PCB 203, at

6

Ill.

Reg.

563,

effective

December

24,

1981;

codified

at

6

Ill.

Reg.

7818;

amended

in

P.82—5,

10,

at

54

PCB

411,

at

8

Ill.

Reg.

1625,

effective

January

18,

1984;

amended

in

R86—44

at

12

Ill.

Reg.

2592, effective January

13,

1988;

amended

in

R88—ll

at

12

Ill.

Reg.

13094,

effective

July

29,

1988;

amended

in

R88—l8

at

13

Ill.

Reg.

1794,

effective January

31,

1989;

amended

in R89—3 at

13

Ill.

Reg.

,

effective

SUBPART CP:

ALUMINUM FORMING

Section 307.7700

General Provisions

a)

Applicability.

1)

Aluminum forming includes commonly recognized

forming operations such as rolling, drawing,

extruding and forging, and related operations such

as

heat

treatment,

casting

and

surface

treatments.

Surface treatment of aluminum is any

chemical

or electrochemical treatment applied to

the surface of aluminum.

Such surface treatment

is

considered

to be a part of aluminum forming

whenever

it

is performed as an integral part

of

aluminum forming.

For the purposes of this

Subpart,

surface treatment of aluminum is

considered

to be an integral part of aluminum

forming whenever

it

is performed at the same plant

site at which aluminum is formed and such

operations are not considered

for regulation under

the electroplating and metal finishing provisions

of Subparts N and AH.

Casting aluminum when

performed as an integral part of aluminum forming

and located on-site at an aluminum forming plant

is

considered an aluminum forming operation and

is

covered under

this Subpart.

When aluminum forming

is performed on the same site as primary aluminum

reduction

the casting shall

be regulated by Subpart

CT (nonferrous metals)

if there

is no cooling

of

the aluminum prior

to casting.

If the aluminum is

cooled prior

to casting

then the casting shall be

regulated by this Subpart.

103--~34

---

13

2)

This

Subpart

applies

to

any

aluminum

forming

facility,

except

for plants identified under

subsection

(a)(3),

which introduces or may

introduce pollutants

into

a POTW.

3)

This Subpart applies

to indirect discharging

aluminum forming plants that extrude less than

3

million pounds of product per year and draw,

with

emulsions or

soaps, less than

1 million pounds per

year.

b)

General definitions.

The Board incorporates by

reference

40 CFR 467.02 ~(-~986~(l988),as amended at

53

Fed. Reg.

52369, December

27,

1988.

This incorporation

includes no later amendments or editions.

C)

Monitoring requirements.

The Board incorporates by

reference 40 CFR 467.03 -(~986j-(l988).

This

incorporation includes no later amendments

or editions.

d)

Compliance dates.

The Board incorporates

by reference

40 CFR 467.04 (-±986~(l988). This incorporation includes

no later amendments or editions.

e)

Removal credits.

The control authority may grant

removal credits pursuant

to

35 Ill.

Adin.

Code 310.300 et

seq.

for toxic metals limited

in this Subpart when used

as indicator pollutants.

(Source:

Amended at

13

Ill. Reg.

effective

Section 307.7701

Rolling With Neat Oils

a)

Applicability.

This Section applies

to discharges

resulting from the core and the ancillary operations of

the rolling with neat oils subcategory.

b)

Specialized definitions.

The Board incorporates by

reference 40 CFR 467.11 -~986~(1988). This

incorporation includes no later amendments

or editions.

c)

Existing

sources:

1)

The

Board

incorporates by reference

40

CFR

467.15

~986~(l988),

as

amended

at

53

Fed.

Reg.

52369,

December

27,

1988.

This incorporation includes no

later

amendments

or

editions.

2)

No

person

subject

to the pretreatment standards

incorporated

by

reference

in

subsection

(cI(’)

shall

cause,

threaten or allow the discharge of any

contaminant

to

a

POTW

in

violation

of

such

103—635

---

14

standards.

d)

New

sources:

1)

The

Board

incorporates

by

reference

40

CFR

467.16

~986~(1988).

This incorporation includes no later

amendments or

editions.

2)

No person subject to the pretreatment standards

incorporated by reference

in subsection f~J(l)

shall

cause,

threaten or allow the discharge of any

contaminant

to a POTW in violation of such

standards.

3)

“New source” means any building, structure,

facility or installation the construction of which

commenced after November

22,

1982.

(Source:

Amended at

13

Ill. Reg.

effective

)

Section

307.7702

Rolling With Emulsions

a)

Applicability.

This Section applies

to discharges

resulting from the core and the ancillary operations of

the rolling with emulsions subcategory.

b)

Specialized definitions.

The Board incorporates by

reference

40 CFR 467.21

-(-1986-)-(l988).

This

incorporation

includes no later amendments or editions.

c)

Existing

sources:

1)

The Board incorporates by

reference 40 CFR 467.25

(-±986’)-(l988), as amended at

53 Fed Reg.

52369,

December

27, 1988.

This incorporation includes no

later amendments or editions.

2)

No person subject

to

the pretreatment standards

incorporated by reference in subsection j~J(l)

shall cause,

threaten or allow the discharge of any

contaminant

to

a POTW in violation of such

standards.

d)

New sources:

1)

The Board incorporates by reference

40 CFR 467.26

-(-~98G~(1988).This incorporation includes

no later

amendments or editions.

2)

No person subject

to the pretreatment standards

incorporated by reference

in subsection ~j(l)

shall

cause, threaten or allow the discharge of any

contaminant

to

a POTW in violation of

such

103—636

---

15

standards.

3)

“New source” means any building, structure,

facility or installation the construction of which

commenced after November

22,

1982.

(Source:

Amended at

13

Ill. Reg.

effective

Section 307.7703

Extrusion

a)

Applicability.

This Section applies

to discharges

resulting from the core and the ancillary operations of

the extrusion subcategory.

b)

Specialized definitions.

The Board incorporates by

reference 40 CFR 467.31 ~986~(l988).

This

incorporation includes no later amendments

or editions.

c)

Existing sources:

1)

The Board incorporates by reference

40 CFR 467.35

~398Gj~(l988), as amended at

53 Fed.

Reg.

52369,

December

27,

1988.

This incorporation includes no

later amendments or editions.

2)

No person subject

to the pretreatment standards

incorporated by reference

in subsection_(c)(1)

shall

cause, threaten or allow the discharge of any

contaminant to a POTW in violation of such

standards.

d)

New

sources:

1)

The Board incorporates by reference

40 CFR 467.36

(l986)(1988),

as

amended

at

53

Fed.

Reg.

52369,

December

27,

1988.

This

incorporation

includes

no

later amendments

or editions.

2)

No person subject

to the pretreatment standards

incorporated by reference

in subsection_(d)(1)

shall cause,

threaten or allow the discharge of any

contaminant to

a POTW in violation of such

standards.

3)

“New source” means any building,

structure,

facility or installation the construction of which

commenced after November

22,

1982.

(Source:

Amended at

13

Ill. Reg.

effective

)

103--637

---

16

Section 307.7704

Forging

a)

Applicability.

This

Section

applies

to

discharges

resulting

from

the

core

of

the

forging

subcategory

and

the

ancillary

operations.

b)

Specialized

definitions.

The

Board

incorporates

by

reference

40

CFR

467.41

f~986~(l988).

This

incorporation

includes

no

later

amendments

or

editions.

c)

Existing sources:

1)

The

Board

incorporates

by

reference

40

CFR

467.45

-(-39e6~)-(1988), as

amended

at

53

Fed.

Reg.

52369,

December

27,

1988.

This incorporation includes no

later amendments

or editions.

2)

No

person

subject

to

the

pretreatment

standards

incorporated by reference

in subsection_(c)(l)

shall cause,

threaten or

allow the discharge of any

contaminant

to a POTW in violation of such

standards.

d)

New

sources:

1)

The Board incorporates by reference

40 CFR 467.46

~98G~(1988),

as amended at

53

Fed.

Reg.

52369,

December

27,

1988.

This incorporation includes no

later amendments or editions.

2)

No

person

subject

to

the

pretreatment

standards

incorporated by reference

in subsection_(d)(l)

shall cause,

threaten or allow the discharge of any

contaminant

to

a

POTW

in violation of such

standards.

3)

“New source” means any building, structure,

facility or installation the construction of which

commenced after November

22,

1982.

(Source:

Amended at 13

Ill.

Reg.

effective

Section 307.7705

Drawing With Neat Oils

a)

Applicability.

This

Section

applies

to

discharges

resulting from the core of the drawing with neat oils

subcategory and the ancillary operations.

b)

Specialized definitions.

The Board incorporates

by

reference 40 CFR 467.51 ~986-)(1988).

This

incorporation includes no later amendments or editions.

103—630

---

17

c)

Existing

sources:

1)

The Board incorporates by reference 40 CFR 467.55

~986-j-(l988),as amended at

53 Fed. Reg.

52369,

December

27, 1988.

This incorporation includes no

later amendments

or editions.

2)

No person subject

to the pretreatment standards

incorporated by reference in subsection_(c)(l)

shall cause,

threaten or allow the discharge of any

contaminant to a POTW in violation of such

standards.

d)

New sources:

1)

The Board incorporates by reference 40 CFR 467.56

~986~(l988).

This incorporation includes no

later

amendments

or editions.

2)

No person subject

to the pretreatment standards

incorporated

by reference in subsection

~j(l)

shall cause,

threaten or allow the discharge of any

contaminant

to a POTW in violation of such

standards.

3)

“New source” means any building, structure,

facility or installation the construction of which

commenced after November

22,

1982.

(Source:

Amended at

13

III. Reg.

effective

Section 307.7706

Drawing With Emulsions or Soaps

a)

Applicability.

This Section applies

to discharges

resulting from the core and the ancillary operations of

the drawing with emulsions or

soaps subcategory.

b)

Specialized definitions.

The Board incorporates by

reference 40

CFP. 467.61

‘(-3986~-(l988).

This

incorporation includes

no later amendments or editions.

c)

Existing sources:

1)

The Board

incorporates by reference 40 CFR 467.65

~9BGj~(l988), as amended at

53 Fed.

Reg.

52369,

December

27,

1988.

This incorporation includes no

later amendments

or editions.

2)

No person subject

to the pretreatment standards

incorporated

by

reference

in

subsection_(c)(1)

shall

cause,

threaten or allow

the discharge of any

contaminant

to a POTW in violation of

such

standards.

103--639

---

18

d)

New sources:

1)

The Board incorporates by reference

40 CFR 467.66

f~98G~(l988). This incorporation includes no later

amendments

or

editions.

2)

No

person

subject

to the pretreatment standards

incorporated

by

reference

in

subsection_(d)(l)

shall cause,

threaten or allow the discharge

of any

contaminant

to a POTW in violation of such

standards.

3)

“New source” means any building,

structure,

facility or installation the construction of which

commenced after

November

22, 1982.

(Source:

Amended at

13 Ill.

Reg.

effective

103--640

---

19

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE

C:

WATER POLLUTION

CHAPTER

I:

POLLUTION CONTROL BOARD

PART 310

PRETREATMENT PROGRAMS

SUBPART A:

GENERAL PROVISIONS

Section

310.101

Applicability

310.102

Objectives

310.103

Federal Law

310.104

State Law

310.105

Confidentiality

310.107

Incorporations by Reference

310.110

Definitions

310.111

New Source

SUBPART B:

PRETREATMENT STANDARDS

Section

310.201

General Prohibitions

310.202

Specific Prohibitions

310.210

Specific Limits Developed by POTW

310.211

Local Limits

310.220

Categorical Standards

310.221

Category Determination Request

310.222

Deadline for Compliance with Categorical Standards

310.230

Concentration and Mass Limits

310.232

Dilution

310.233

Combined Wastestream Formula

SUBPART C:

REMOVAL CREDITS

Section

310.301

Special Definitions

310.302

Authority

310.303

Conditions

for Authorization to Grant Removal Credits

310.310

Calculation

of Revised Discharge Limits

310.311

Demonstration of Consistent Removal

310.312

Provisional Credits

310.320

Compensation

for Overflow

310.330

Exception

to POTW Pretreatment Program

310.340

Application for Removal Credits Authorization

310.341

Agency Review

310.343

Assistance of POTW

310.350

Continuation of Authorization

310.351

Modification

or Withdrawal of Removal Credits

SUBPART D:

PRETREATMENT PERMITS

Section

310.400

Preamble

310.401

Pretreatment Permits

310.402

Time

to Apply

310.403

Imminent Endangerment

310.410

Application

103—641

---

20

310

.

411

310.412

310 .413

310.414

310.415

310.420

310.421

310.430

310.431

310.432

310.441

310.442

310.443

310.444

Section

310 .501

310.502

310.503

310.504

310.505

310.510

310.521

310.522

310.524

310.531

310.532

310 .533

310.541

310.542

310

*

543

310.544

310.543

310.546

310. 547

Section

310.601

310.602

310.603

310.604

310.605

310 .606

310.610

310.611

310.612

310.613

310 .621

310.631

310.632

310.633

310.634

Completeness

Time Limits

Standard

for

Final Action

Ccnditions

SUBPART E:

POTW PRETREATMENT PROGRAMS

Pretreatment Programs Required

Deadline for Program Approval

Incorporation of Approved Programs

in Permits

Incorporation of Compliance Schedules

in Permits

Reissuance or Modification of Permits

Pretreatment Program Requirements

Program Approval

Contents of Program Submission

Content of Removal Allowance Submission

Agency Action

Defective Submission

Water Quality Management

Deadline for Review

Public Notice and Hearing

Agency Decision

USEPA Objection

Notice of Decision

Public Access

to Submission

Appeal

SUBPART

F:

REPORTING REQUIREMENTS

Definition of Control Authority

Baseline Report

Compliance Schedule

Report on Compliance with Deadline

Periodic Reports on Compliance

Notice of

Stig

beed4ngPotential Problems

Monitoring and Analysis

Requirements

for Non—Categorical Standard Users

Annual POTW Reports

Notification

of Changed Discharge

Compliance Schedule

for POTW’s

Signatory Requirements

for Industrial User Reports

Signatory Requirements

for POTW Reports

Fraud and False Statements

Recordkeeping Requirements

Certification

of

Capacity

Signatures

Site

Visit

Issuance

Duration of Permits

Schedules of Compliance

Effect of a Permit

Modification

Revocation

Appeal

103—642

---

21

SUBPART G:

FUNDAMENTALLY DIFFERENT FACTORS

Section

310 .701

310.702

310.703

310.704

310.705

310.706

310.711

310.712

310.713

310.714

310.721

310.722

Section

310.801

Definition of Requester

Purpose and Scope

Criteria

Fundamentally Different Factors

Factors which are Not Fundamentally Different

More Stringent State Law

Application Deadline

Contents of FDF Request

Deficient Requests

Public Notice

Agency Review of FDF Requests

USEPA Review of FDF Requests

SUBPART

H:

ADJUSTMENTS FOR POLLUTANTS

IN INTAKE

Net/Gross Calculation by USEPA

SUBPART

I:

UPSETS

Definition

Effect of an Upset

Conditions Necessary for an Upset

Burden of Proof

Reviewability of Claims of Upset

User Responsibility in Case of Upset

SUBPART J:

BYPASS

________

Definition

_______

Bypass Not Violating Applicable Pretreatment Standards

or

Requirements

_______

Notice

_______

Prohibition of Bypass

SUBPART

K:

MODIFICATION

OF

POTW

PRETREATMENT

PROGRAMS

Section

310.920

General

310.921

Procedures

310.922

Substantial Modifications

AUTHORITY:

Implementing and authorized by Section 13.3 of the

Environmental Protection Act

(Ill.

Rev.

Stat.

1987,

ch.

111 1/2,

par. 1013.3,

as amended by P.A.

85—1048, effective January

1,

1989).

SOURCE:

Adopted

in R86—44 at

12

Ill. Reg.

2502,

effective

January

13,

1988;

amended

in P.88—18 at

13

Ill.

Reg.

2463,

effective January 31,

1989;

amended in P.89—3 at

Ill.

Reg.

,

effective

*

Section

310.901

310.902

310.903

310.904

310.905

310.906

Section

310.910

310.911

310.912

310.913

103—643

---

22

SUBPART

A:

GENERAL

PROVISIONS

Section 310.107

Incorporations by Reference

a)

The following publications are incorpora~tedby

ref erenc?

The consent decree

in NRDC

v.

Costle,

12

Environment Reporter Cases

1833.

Standard Industrial Classification Manual

(1972),

and 1977 Supplement,

republished in 1983, available

from the Superintendent of Documents,

U.S.

Government Printing Office,

Washington,

D.C.

20401.

b)

The

following

provisions

of

the

Code

of

Federal

Regulations are incorporated by reference:

40 CFR 2.302 ~(-~98~(l988)

40 CFR

25 ~-~98~(l988)

40 CFR 122, Appendix D, Tables

II and III f-l98~

(1988)

40

CFR

128.140(b)

(1977)

40 CFR 136 f~98~(l988)

40

CFR

403

~98~(l988)

40 CFR 403, Appendix D ~989-)-(l988)

c)

The

following

federal

statutes

are

incorporated

by

reference:

Section 1001 of the Criminal Code

(18 U.S.C.

1001)

as of July

1,

~98~l988

Clean Water Act

(33 U.S.C.

1251

et seq.)

as of July

1,

~98~l988

Subtitles C and D of

the Resource Conservation and

Recovery Act

(42 U.S.C.

6901)

as of July

1, l98~

1988

d)

This Part incorporates

no future editions or amendments.

(Source:

Amendei at

13

Ill.

Req.

effective

Section 310.110

Definitions

“Act” means the Environmental Protection Act

(Ill.

Rev.

103— ~.4

4

---

23

Stat.

1987,

ch.

111

1/2,

par.

1001

et seq.)

“Agency” means the Illinois Environmental Protection

Agency.

“Approval Authority” means the Agency.

BOARD NOTE:

Derived from 40 CFR 403.3(c) ~l98~(l988).

“Approved POTW Pretreatment Program”

or

“Program”

or

“POTW Pretreatment Program” means

a program administered

by a POTW which has been approved by the Agency

in

accordance with Sections 310.541 through 310.546.

BOARD NOTE:

Derived from 40 CFR 403.3(d)

-(-9e~-)~(l988).

“Authorization

to discharge” means an authorization

issued to an industrial

user by a POTW which has an

approved pretreatment program.

The authorization may

consist

of a permit,

license, ordinance or other

mechanism as specified

in the approved pretreatment

program.

“Blowdown” means the minimum discharge of recirculating

water

for the purpose of discharging materials contained

in

the

water,

the

further

buildup

of

which

would

cause

concentration

in

amounts

exceeding

limits

established by

best engineering practice.

BOARD NOTE:

Derived from

40 CFR 401.11(p) ‘?l9~~(l988).

“Board” means the Illinois Pollution Control Board.

“CWA” means Federal Water Pollution Control Act,

also

known as the Clean Water

Act,

as amended,

incorporated

by

reference

in

Section

310.107.

BOARD NOTE:

Derived from 40 CFR 403.3(b) ±~98~(l988).

“Control authority”

is as defined in Section 310.601.

“Indirect Discharge”

or

“Discharge” means

the

introduction of pollutants

into a POTW from any non—

domestic source regulated under Section 307(b),

(c)

or

(d)

of

the

CWA

(33

U.S.C.

1317(b),

(c)

or

(d)).

BOARD NOTE:

Derived from 40 CFR 403.3(g)

~98~(l988).

“Industrial User”

or

“User” means a source of indirect

discharge.

As used

in this Part,

an “industrial user”

includes any person who meets any of

the following

criteria:

Discharges toxic pollutants as defined by 35

Ill.

103—645

---

24

Adm.

Code

307.1005.

Is subject to a categorical standard adopted or

incorporated

by

reference

in

35

Ill.

Adm.

Code

307.

Discharges more than 15

of the total hydraulic

flow

received

by

the

POTW

treatment

plant.

Discharges

more

than

15

of

the

total

biological

loading

of the POTW treatment plant as measured by

the 5—day biochemical oxygen demand.

Has

caused

pass

through

or

interference.

Or,

Has presented an imminent endangerment

to the

health or welfare of persons.

BOARD NOTE:

Derived from 40 CFR 403.3(h)

~l98~-~

(1988).

“Industrial wastewater” means waste of a liquid nature

discharged by an industrial

user

to a sewer tributary

to

a

POTW.

“Interference” means a discharge which, alone or

in

conjunction with a discharge or discharges from other

sources, both:

Inhibits or disrupts the POTW,

its treatment

processes or operations,

or

its sludge processes,

use or disposal;

and

Therefore

is

a cause of

a violation

of any

requirement

of

the

POTW’s

NPDES

permit

(including

an increase

in the magnitude or duration of a

violation)

or of the prevention of sewage sludge

disposal

in compliance with any “sludge

requirements.”

BOARD NOTE:

Derived from 40 CFR 403.3(i)

~985~

(1988).

“Municipal

sewage”

is sewage

treated by a POTW exclusive

of

its industrial

component.

“Municipal

sludge”

is sludge produced

a POTW treatment

works.

“Municipality.”

See “unit

of local government.”

“New source” means ~y

b~rtg-~-

rt~e~ttre7fae~~y ~

?re~ w?t~ehthere i~

m~ybe a ~~charge

the

een~t

e~ie~~f

wh~eh ee~ut~eneedef~e~

the

date

5pee?2ed

~

35

fl~

Adr~ cede

38~ ~er

that

103--646

---

25

ea~e~~ye~~bee~e~ery

“new source” as defined

in

Section 310.111.

“Noncontact cooling water” means water used for cooling

which does not come into direct contact with any raw

material,

intermediate product, waste product

or

finished product.

BOARD NOTE:

Derived from 40 CFR 401.11(n)

~-±98~(l988).

“Noncontact cooling water pollutants” means pollutants

present

in noncontact cooling waters.

BOARD NOTE:

Derived from 40 CFR 401.11(0) f~98~-(l988).

“NPDES Permit” means

a permit issued

to

a POTW pursuant

to Section 402 of the CWA,

or

Section 12(f)

of the Act

and 35

Ill. Mm.

Code 309.Subpart A.

BOARD NOTE:

Derived from 40 CFR 403.3(1) ~-~98~(l988).

“0

and

M”

means

operation

and

maintenance.

“Pass through” means a discharge of pollutants which

exits the POTW into waters of

the State

in quantities

or

concentrations which,

alone

or

in conjunction with a

discharge or discharges from other sources,

is

a cause

of

a

violation

of

any

requirement

of

the

POTW’s

NPDES

permit

(including an increase

in the magnitude or

duration of

a violation).

BOARD NOTE:

Derived from 40 CFR 403.3(n) -(-~98~(1988).

“Person” means an individual, corporation,

partnership,

association,

State,

“unit

of

local government”

or any

interstate body.

This term Includes the United States

government,

the State of Illinois and their political

subdivisions.

BOARD NOTE:

Derived from 40 CFR 401.11(m)

~98~(1988)

and 33 U.S.C.

1362(5).

“Pollutant” means dredged spoil, solid waste,

incinerator residue, sewage,

garbage,

sewage sludge,

munitions, chemical wastes,

biological materials,

radioactive materials,

heat,

wrecked or discarded

equipment,

rock,

sand,

cellar dirt and industrial,

municipal and agricultural waste discharged into a

sewer.

BOARD NOTE:

Derived from 40 CFR 401.11(f) (-~98~(l988).

“Pollution”

means

the

man—made

or

man—induced

alteration

of

the

chemical,

physical,

biological

and

radiological

103—64

7

---

26

integrity

of

water.

BOARD

NOTE:

Derived

from

40

CFR

401.11(g)

-~985~(l988).

“POTW” means “Publicly Owned Treatment Works,” which

is

defined

below.

“POTW Tr~trnentPlant” means that portion of the POTW

which

is designed to provide treatment

(including

recycling and reclamation)

of municipal sewage and

industrial wastewater.

BOARD NOTE:

Derived from 40 CFR 403.3(p) +~99~-(l988).

“Pretreatment” means 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.

The

reduction or alteration may be obtained by physical,

chemical or biological processes, process changes or by

other means,

except as prohibited by Section 310.232.

Appropriate pretreatment technology includes control

equipment,

such as equalization tanks or

facilities,

for

protection against surges or slug loadings which might

interfere with or otherwise be imcompatible with the

POTW.

However, where wastewater

from

a regulated

process

is mixed in an equalization facility with

unregulated wastewater or with wastewater

from another

regulated process,

the effluent from the equalization

facility must meet

an adjusted pretreatment

limit

calculated

in accordance with Section 310.233.

BOARD NOTE:

Derived from

40 CFR 403.3(q)

-(-1987-)-(l988).

“Pretreatment permit” means an authorization to

discharge to a sewer which

is issued by the Agency

as

the control authority.

“Pretreatment requirements” means any substantive or

procedural

requirement

related to pretreatment, other

than a pretreatment standard, imposed on an industrial

user.

BOARD NOTE:

Derived from 40 CFR 403.3(r)

(-+98~-(1988).

“Pretreatment standard,”

or

“standard” means any

regulation containing pollutant discharge limits

promulgated by USEPA, and incorporated by reference

in

35

Ill. Adm. Code 307.

This term includes prohibitive

discharge limits established pursuant to Section 310.201

through 310.213 or

35

Ill. Mm.

Code 307.1101.

This

term also includes more stringent prohibitions and

standards adopted by the Board in this Part or

35

Ill.

103—643

---

27

Adm.

Code

307,

including

35 Ill.

Adm. Code

307.1101,

307.1102 and 307.1103.

The term also includes local

limits pursuant to Section 310.211 which are

a part

of

an approved pretreatment program.

BOARD NOTE:

Derived from

40 CFR 403.3(j) ~98~(l988).

“Process wastewater”

means any water which, during

manufacturing

or processing,

comes

into direct contact

with or results from the production or use of any raw

material,

intermediate product, finished product, by-

product or waste product.

BOARD NOTE:

Derived from

40 CFR 401.11(q) ~398~(1988).

“Process wastewater pollutants” means pollutants present

in process wastewater.

BOARD NOTE:

Derived from

40 CFR 401.11(r)

~98~(1988).

“Publicly owned treatment works~’or

“POTW” means a

“treatment works” which

is owned by the State of

Illinois or

a

“unit of

local government.”

This

definition includes any devices and

systems used

in the

storage, treatment,

recycling and reclamation of

municipal sewage

or industrial wastewater.

It also

includes sewers, pipes and other conveyances only if

they convey wastewater

to a POTW treatment plant.

The

term also means

the “unit of local government”

which has

jurisdiction over the indirect discharges to and the

discharges from such a treatment works.

BOARD NOTE:

Derived from

40 CFR

403.3(o) ~-~98~(l988).

“Schedule of compliance” means

a schedule of

remedial

measures included

in an authorization to discharge or

a

pretreatment permit,

or an NPDES permit,

including an

enforceable sequence of

interim requirements

(for

example,

actions,

operations

or

milestone

events)

leading to compliance with this Part and

35

Ill. Adm.

Code

307.

A schedule of compliance does not protect

an

industrial

user or POTW from enforcement.

BOARD NOTE:

Derived from 40 CFR 401.11(m)

~98~(l988)

and

33 U.S.C.

1362(17).

“Sludge requirements” means any of

the following permits

or regulations:

35 Ill.

Adm.

Code 309.208

(Permits for

Sites Receiving Sludge for Land Application),

703.121

(RCRA Permits),

807.202

(Solid Waste Permits),

the Toxic

Substances Control Act

(15 U.S.C.

2601)

or

the Marine

Protection,

Research

and

Sanctuaries

Act

(33

U.S.C.

1401).

103--649

---

28

BOARD NOTE:

Derived from 40 CFR 403.3(i) t~98~(l988)

and

403.7(a)

-~98~(l988).

“Submission”

means

a

request

to

the

Agency

by

a

POTW

for

approval

of

a

pretreatment

program,

or

for

authorization

to

grant

removal

credits.

BOARD

NOTE:

Derived

from

40

CFR

403.3(t)

~9G5~(l988).

“Treatment works”

is

as defined

in

33 U.S.C. 1292(2)

-~±98~(1988).

It

includes any devices and systems used

in

the

storage,

treatment,

recycling

and

reclamation

of

municipal or

industrial wastewater

to implement

33

U.S.C.

1281,

or necessary to recycle or reuse water

at

the

most

economical

cost

over

the

estimated

life

of

the

works, including intercepting sewers, outfall sewers,

sewage

collection

systems,

pumping,

power

and

other

equipment.

BOARD

NOTE:

Derived

from

40

CFR

403.3(o)

tl98~(l988)

and

33

U.S.C.

1292(2).

“Unit

of local government” means a unit of local

government,

as defined by Art.

7,

Sec.

1 of the Illinois

Constitution, having jurisdiction over disposal of

sewage.

“Unit

of local government”

includes, but

is not

limited

to, municipalities and sanitary districts.

BOARD NOTE:

Derived from 40 CFR 401.11(m)

~l98~-(1988)

and

33

U.S.C.

1362(4).

“USEPA” means

the United States Environmental Protection

Agency.

(Source:

Amended at

13 Ill.

Reg.

effective

)

Section 310.111

New Source

a)

“New Source” means any building,

structure,

facility or

installation from which there

is or may be

a discharge

of pollutants,

the construction of which commenced after

the date specified

in

35

Ill. Adm.

Code 307 for that

category or subcategory, provided that:

fl

The building, structure,

facility or installation

is constructed

at

a site at which

no other source

is located; or

~J

The building,

structure,

facility or installation

totally replaces the process or production

equipment that causes the discharge of pollutants

at an existing source;

or

103—650

---

29

3)

The production

or wastewater generating processes

of

the building, structure,

facility or

installation are substantially independent

of an

existing source

at the same site.

In determining

whether these are substantially independent,

factors such as

the extent

to which the new

facility

is integrated with the existing plant and

the extent

to which the new facility is engaged in

the same general type of activity as the existing

source should be considered.

~J

Construction on

a site at which an existing source

is

located results

in

a modification rather than

a new

source

if

the construction does not create

a

new

building,

structure, facility

or installation meeting

the criteria of subsections

(a)(2)

or

(a)(3)

but

otherwise alters, replaces

or adds

to existing process

or production equipment.

c)

Construction of a new source

as defined

in this Section

has commenced

if the

owner

or operator has:

1)

Begun or caused

to begin as part of

a continuous

onsite construction program:

A)

Any placement assembly

or installation of

facilities

or equipment;

or

~J

Significant site preparation work including

clearing,

excavation or

removal

of

existing

buildings,

structures

or facilities which

is

necessary

for the placement, assembly or

installation of new source facilities or

equipment;

or

fl

Entered into

a binding contractual obligation

for

the purchases of facilities

or equipment which are

intended to be used

in its operation within a

reasonable

time.

Options

to purchase or

contracts

which can be terminated or modified without

substantial loss and contracts

for feasibility,

engineering and design studies do not constitute

a

contractual obligation under

this subsection.

~J

New Sources shall install and have

in operating

condition and shall “start—up” all pollution control

equipment required

to meet applicable pretreatment

standards before beginning

to discharge.

Within the

shortest

feasible time

(not

to exceed

90 days),

new

sources shall meet all applicable standards.

BOARD NOTE:

Derived from 40 CFR 403.3(k),

as added

at

53

Fed.

Req.

40610,

October

17,

1988 and

40 CFR 403.6(b),

103—65 1

---

30

as amended at

53 Fed. Reg.

40611, October 17,

1988.

(Source:

Amended

at

13

Ill.

Reg.

effective

)

SUBPART

B:

PRETREATMENT

STANDARDS

Section

310.221

Category

Determination

Request

a)

Application deadline.

1)

The industrial

user

or POTW may request

that

the

Agency

provide

written

certification

as

to

whether

the industrial

user falls within that particular

subcategory.

If

an

existing

industrial

user

adds

or changes

a process or operation which may be

included in a subcategory,

the existing industrial

user shall

request

this certification prior

to

commencing

discharge

from

the

added

or

changed

processes

or

operation.

With

respect

to

new

standards:

A)

The POTW or

industrial user shall direct

to

USEPA any category determination requests for

pretreatment standards adopted by USEPA prior

to authorization of the Illinois program.

B)

After authorization of the Illinois program,

the POTW or

industrial user shall direct to

the Agency any category determination requests

within 60 days after

the Board adopts or

incorporates by reference

a pretreatment

standard for

a subcategory under which an

industrial user may be included.

2)

A new source shall request this certification prior

to commencing discharge.

3)

If a request

for certification is submitted by a

POTW,

the POTW shall notify any affected industrial

user of such applications.

The industrial user may

provide written comments on the POTW submissions

to

the Agency within 30 days of notification.

b)

Contents of application.

Each request shall contain a

statement:

1)

Describing which subcategories might

be applicable;

and

2)

Citing evidence and reasons why a particular

subcategory

is applicable and why others are not

applicable.

Any person signing the application

103--652

---

31

statement submitted pursuant

to this Section shall

make the following certification:

~ have per~ene+±yexam4t~e~ar~am fam4~4ar

w~h

the

fea~e~

bm+~e~4r~

the

a~aehed

dee~men~7a~

~

hereby

eer~?y

tn~er

~ena~y

ef ~aw that

th4s

fma~e~we~eb~a4~e~

+~

aeeerdattee

w~h

~he

re

emen~e e~ Seet4ert

3--2~l-- Meree~er7ba~e~t~penmy 4~tt4ryef

these

v4d~a+~~mme a~e~yre~ei~4b+efor

eb~a~t~4n~

the

fermat+om re~er~edhere4r~7~

be+~e~ethat the

bm~~ed4nf

m~ion 4~

~rtte7

aee~re~ea~&eem~e~e7

~

am

aware

thak

there are

gn~f~ea~

pe ±~eafor

bm4~o~

fa~ae

ferma~e~-

4~edi-~

the pea b4~~y

of f4ne and

prnen~--

I

certify under penalty of law that this

document and all attachments were prepared

under my direction or supervision

in

accordance with

a system designed

to assure

that qualified personnel properly gather and

evaluate the information submitted.

Based on

my inquiry of the person or persons who manage

the system or those persons directly

responsible

for gathering the

information,

the

information submitted is,

to the best of my

knowledge and belief,

true,

accurate and

complete.

I am aware

that there are

significant penalties

for submitting false

information,

including the possibility

of

fine and imprisonment for knowing violations.

c)

Deficient

requests.

The Agency shall act only on written

requests for determinations which contain all of the

information required.

The Agency shall notify persons

who have made incomplete submissions that their requests

are

deficient

and

that,

unless

the

time

period

is

extended,

they have

30 days

to correct the deficiency.

If the deficiency is not corrected within

30 days or

within an extended period allowed by the Agency,

the

Agency shall deny the request

for

a determination.

d)

Final determination.

1)

When the Agency receives

a submission,

the Agency

shall,

if

it determines that the submission

contains all of

the information required by

subsection

(b), consider the submission,

any

additional evidence that may have been requested

and any other available information relevant

to the

request.

The Agency shall

then make

a written

determination of

the applicable subcategory and

state the reasons

for the determination.

103—653

---

32

2)

The Agency shall forward the determination

described

in subsection

(d)(l)

to USEPA.

If USEPA

does not modify the Agency’s decision within 60

days

after

its

receipt,

the

Agency’s

decision

is

final.

3)

If

USEPA

modifies

the

Agency’s

decision,

USEPA’s

decision

will

be

final.

4)

The Agency shall send a copy of

the determination

to

the

affected

industrial

user

and

the

POTW.

If

the final determination

is made by USEPA, the

Agency shall send a copy of the determination

to

the user.

e)

Requests for hearing or legal decision.

1)

Within 30 days following

the date of

receipt

of

notice

of

the

final

determination

as

provided

for

by

subsection

(d)(4),

the

requester

may submit a

petition

to

reconsider

or

contest

the

decision

to

USEPA, which will act pursuant

to 40 CFR

403.6(a)

(5).

2)

Within 35 days following the date of receipt of

notice of

the final determination as provided for

by subsections

(c),

(d)(2) or

(d)(4),

the requester

may appeal a final decision made by the Agency to

the Board.

BOARD NOTE:

Derived from 40 CFR 403.6(a) f~986~)-

(1988),

as amended

at

53

Fed.

Req.

40611,

October

17,

1988.

(Source:

Amended at

13

Ill.

Reg.

effective

)

Section 310.222

Deadline for Compliance with Categorical

Standards

a)

If a compliance date for

a an existing or new source

categorical pretreatment standard

is adopted or

incorporated by reference in

35

Ill.

Adrn.

Code 307,

then

industrial users shall comply with the standard by the

following times, whichever

is last:

1)

The date specified or

incorporated by reference;

or

2)

The date the Board adopts or

incorporates

the

standard by reference;

or

3)

The date USEPA approves the Illinois pretreatment

program.

103—654

---

33

b)

If no compliance date for a categorical pretreatment

standard

is adopted or incorporated by reference

in

35

Ill. Adm. Code

307, then industrial users shall comply

with the standard by the following times, whichever

is

last:

1)

The date the Board adopts or incorporates the

standard by reference;

or

2)

The date USEPA approves the Illinois pretreatment

program.

c)

This Section shall not be construed as extending

compliance dates

for enforcement of categorical

pretreatment standards pursuant

to statutes and

regulations existing prior

to authorization of the

Illinois pretreatment program.

BOARD NOTE:

Derived from 40 CFR

403.6(b)

f~986~(1988),

as amended at

53

Fed.

Req.

40611, October

17,

1988.

(Source:

Amended at

13 Ill.

Req.

effective

Section 310.230

Concentration and Mass Limjts

~J

Pollutant discharge limits

in categorical pretreatment

standards will be expressed either as concentration

or

mass limits.

Limits

in categorical pretreatment

standards shall apply to the discharge from the process

regulated by the standard or as otherwise specified by

the standard.

~J

When the limits

in a categorical pretreatment standard

are expressed only in terms of mass

of pollutant per

unit of production,

the control authority may convert

the limits

to equivalent limitations expressed either as

mass of pollutant discharged per day or effluent

concentration for purposes of calculating effluent

limitations applicable to individual industrial

users.

~jJ

A control authority calculating equivalent mass—per—day

limitations

under subsection

(b)

shall calculate such

limitations

by multiplying the limits

in the standard by

the industrial user’s average rate of production.

This

average rate of production shall

be based not upon the

designed production capacity, but rather upon

a

reasonable measure of the industrial user’s actual long-

term daily production during a representative year.

For

new sources,

actual production shall

be estimated using

projected production.

~J

A control authority calculating equivalent concentration

103-155

---

34

limitations

under

subsection

(b)

shall

calculate

such

limitations by dividing the mass limitations derived

under

subsection

(c)

by

the

average

daily

flow

rate

of

the

industrial

user’s

regulated

process

wastewater.

This

average

daily

flow

rate

must

be

based

upon

a

reasonable

measure

of

the

industrial

user’s

actual

long—

term average flow

r:.te, such as the a~ieragedaily flow

rate

duri:ig

the

representative

year.

~j

Equivalent limitations calculated

in accordance with

subsections

(c)

and

(d)

are

deemed

pretreatment

standards.

Industrial users shall be required to comply

with

the

equivalent

limitations

instead

of

the

promulgated categorical standards from which the

equivalent limitations were derived.

~j

Many categorical pretreatment standards specify one

limit

for calculating maximum daily discharge

limitations and a second limit

for calculating maximum

monthly average or 4—day average, limitations.

Where

such

standards

are

being

applied,

the

same

production

of

flow figure shall be used

in calculating both types of

equivalent limitations.

~j

Any industrial

user operating under

a control mechanism

incorporating equivalent mass or concentration limits

calculated from a production based standard shall notify

the control authority within two

(2) business days after

the user has a reasonable basis to know that the

production level will significantly change within the

next

calendar

month.

Any

user

not

notifying

the

control

authority of such anticipated change will be required

to

meet the mass or concentration limits

in its control

mechanism that were based on the original estimate

of

the long term average production

rate.

BOARD NOTE:

Derived from 40 CFR 403.6(c)

(-1986)-(l988),

as amended at

53 Fed. Req.

40611,

October

17,

1988.

(Source:

Amended at

13 Ill. Reg.

effective

Section 310.232

Dilution

Except where expressly authorized

to do so by an applicable

categorical pretreatment standard or

requirement,

no industrial

user shall 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

pretreatment standard

or requirement.

The control authority may

impose mass limitations on industrial users which are using

dilution to meet applicable pretreatment standards or

in other

cases where the imposition of mass limitations

is appropriate.

POTW’s may allow dilution to meet

local limits developed under

1n3--656

---

35

Section 310.210.

BOARD NOTE:

Derived from

40 CFR 403.6(d)-(-~986-)-(1988), as amended

at

53 Fed.

Reg.

40611,

October 17,

1988.

(Source:

Amended at

13

Ill. Req.

,

effective

Section

310.233

Combined

Wastestream

Formula

Where process wastewater

is mixed prior

to treatment with

wastewaters other

than those generated by the regulated process,

the control authority shall derive fixed alternative discharge

limits, which

the control authority shall apply to the mixed

discharge.

When

it

is deriving alternative categorical limits,

the control authority shall calculate both an alternative daily

maximum value

using the daily maximum values

specified

in the

appropriate categorical pretreatment standards and an alternative

consecutive sampling day average value using the average monthly

values specified

in the appropriate categorical pretreatment

standards.

The industrial user shall comply with the alternative

daily maximum and average monthly limits fixed by the control

authority until

the control authority modifies the limits

or

approves an industrial user modification request.

Modification

is authorized whenever there

is

a material or significant change

in the values used

in the calculation to fix alternative limits

for the regulated pollutant.

An industrial user shall

immediately report any such material

or significant change

to the

control authority.

Where appropriate,

the control authority

shall calculate new alternative categorical limits within

30

days.

a)

Alternative limit calculation.

For purposes

of these

formulas,

the “average daily flow” means a reasonable

measure of the average daily flow for a 30—day period.

For new sources, flows shall be estimated using

projected values.

The control authority shall derive

the

alternative

limit

for

a

specified

pollutant

by

the

use of either of the following formulas:

1)

Alternative concentration limit.

C

=

(T—D)SUM(CiFi)

/

(T)SUM(Fi)

where

C

=

The alternative concentration limit

for the

combined wastestream.

Ci

=

The categorical pretreatment standard

concentration limit

for

a pollutant in the

regulated stream

i.

Fi

=

The average daily flow

(at least a 30—day

average)

of

stream

i

to

the

extent

that

it

is

103—657

---

36

regulated

for

such

pollutant.

“SUM(Gi)”

means

the

sum

of

the results of

calculation

G

for

streams

i

=

1 to

i

=

N.

N

=

The total number

of

regulated

streams.

T

=

The

average

daily

flow

(at

least

a

30—day

average)

through the combined pretreatment facility

(includes Fi, D and unregulated streams.

D

=

The average daily flow

(at least a 30—day

average)

from:

A)

Boiler

blowdown

streams

and

1.

non—contact

cooling

streams,

stormwater

streams

and

demineralizer backwash streams, subject

to the

proviso of subsection

(d);

and

B)

Sanitary wastestreams where such wastestreams

are

not

regulated

by

a

categorical

pretreatment standard; and,

C)

From any process wastestrearns which were or

could have been entirely exempted from

categorical pretreatment standards as

specified in subsection

(e).

2)

Alternative mass limit.

M

=

(T-D)SUM(Mi)

/

SUM(Fi)

where

M

=

The alternative mass limit

for

a pollutant

in

the combined wastestream.

Mi

=

The categorical pretreatment standard mass

limit

for a pollutant

in the regulated stream

i

(the categorical pretreatment mass limit multiplied

by the appropriate measure of production).

Fi

=

The average daily flow

(at least

a 30—day

average) of stream

i

to the extent that

it

is

regulated

for such pollutant.

“SUM(Gi)” means the sum of the results of

calculation G for streams

i

=

1

to

i

=

N.

N

=

The total number of regulated streams.

T

=

The average daily flow

(at least a 30—day

average)

through the combined pretreatment facility

(includes Fi,

D and unregulated streams.

103--658

---

37

D

The average daily flow

(at least

a 30-day

average)

from:

A)

Boiler blowdown streams and, non-contact

cooling streams, stormwater streams and

demineralizer backwash streams subject

to the

proviso of subsection

(d); and

B)

Sanitary wastestreams where such wastestreams

are not regulated by a categorical

pretreatment standard;

and,

C)

From

any

process

wastestreams

which

were

or

could. have been entirely exempted from

categorical pretreatment standards as

specified

in subsection

(e).

b)

Alternative

limits

below

detection.

An

alternative

pretreatment limit shall

not be used

if the alternative

limit

is below the analytical detection limit

for any of

the regulated pollutants.

c)

Self—monitoring.

Self—monitoring

required

to

insure

compliance with the alternative categorical limit shall

be

as

follows:

1)

The type and frequency of sampling, analysis and

flow measurement

shall be determined by reference

to the self—monitoring requirements

of the

appropriate categorical pretreatment standards.

2)

Where the self—monitoring schedules for the

appropriate standards differ, monitoring shall

be

done according to the most frequent schedule.

3)

Where flow determines the frequency of self—

monitoring

in a categorical pretreatment standard,

the sum of all regulated

flows

(Fi)

is the flow

which shall be used

to determine self-monitoring

frequency.

d)

Proviso to subsections

(a)(1) and

(a)(2).

Where boiler

blowdown, and non—contact cooling streams, stormwater

streams and demineralizer backwash streams contain

a

significant amount of a pollutant and the combination of

such streams, prior

to pretreatment, with the industrial

user’s regulated process wastestreams will result

in

a

substantial reduction of that pollutant,

the control

authority,

upon application of

the industrial user,

shall determine whether such wastestreams should be

classified as diluted or unregulated.

In its

application to the control authority,

the industrial

user

shall

provide

engineering,

production,

sampling

and

103—1 59

---

38

analysis and such other

information so the control

authority

can

make

its

determination.

e)

Exemptions

from

categorical

pretreatment

standards.

Process

wastestreams

were

or

could

have

been

entirely

exempted

from

categorical

pretreatment

standards

pursuant

to

paragraph

8

of

the

NRDC

v.

Costle

consent

decree,

incorporated by reference

in Section 310.107,

for one or more of the following

reasons

(see

40 CFR

403, Appendix

D,

incorporated by reference

in Section

310.107.):

1)

The

pollutants

of

concern

are

not

detectable

in

the

discharge from the industrial user;

2)

The

pollutants

of

concern

are

present

only

in

trace

amounts and are neither causing nor are likely

to

cause

toxic effects;

3)

The

pollutants

of

concern

are

present

in

amounts

too

small

to

be

effectively

reduced

by

technologies

known to USEPA;

4)

The wastestream contains only pollutants which are

compatible with the POTW.

j~j

Where

a

treated regulated process wastestream

is

combined prior

to treatment with wastewaters other

than

those generated by the regulated process,

the industrial

user may monitor either the segregated process

wastestream or the combined wastestream for the purpose

of determining compliance with applicable pretreatment

standards.

If the industrial user chooses to monitor

the

segreg

ed process wastestream,

it shall apply

the

applicable categorical pretreatment standard.

If the

user chooses

to monitor the combined wastestream,

it

shall apply an alternative discharge limit calculated

using

the combined wastestream formula as provided in

this Section.

The industrial user may change monitoring

points only after receiving approval from the control

authority.

The control authority shall ensure that any

change in an industrial user’s monitoring point or

points will not allow

the user

to substitute dilution

for adequate treatment to achieve compliance with

applicable standards.

BOARD NOTE:

Derived from

40 CFR 403.6(e) ~986)-(1988),

as amended at

53

Fed.

Req.

40611, October

17,

1988.

(Source:

Amended at

13

Ill. Req.

effective

)

103—660

---

39

SUBPART E:

POTW PRETREATMENT PROGRAMS

Section 310.502

Deadline for Program Approval

A POTW which meets the criteria of Section 310.501 must receive

approval of a POTW pretreatment program

no later

than one year

after the issuance,

reissuance or

renewal

of the POTW’s NPDES

permit

to require development

of

a pretreatment program.

The

POTW pretreatment program shall meet the criteria set forth in

Section 310.510 and shall be administered by the POTW to ensure

compliance by industrial users with applicable pretreatment

standards and requirements.

BOARD NOTE:

Derived from

40 CFR 403.8(b) ~±986-~(l988),as

amended at

53 Fed. Reg.

50612, October

17,

1988.

(Source:

Amended at

13

Ill. Req.

effective

Section 310.510

Pretreatment Program Requirements

A POTW pretreatment program shall meet the following

requirements:

a)

Legal authority.

The POTW shall operate pursuant

to

legal authority enforceable

in federal,

state or local

courts, which authorizes

or enables the POTW to apply

and to enforce the requirements of this Part and 35

Ill.

Adm. Code 307.

Such authority may be contained

in a

statute ordinance or

series of

joint powers agreements

which

the POTW is authorized

to enact,

enter into or

implement,

and which are authorized by State law.

At

a

minimum,

this legal authority shall enable the POTW

to:

1)

Deny or condition new or

increased contributions of

pollutants

or changes

in the nature of pollutants,

to the POTW by industrial users where such

contributions do not meet applicable pretreatment

standards and requirements

or where such

contributions would cause the POTW to violate its

NPDES permit;

2)

Require compliance with applicable pretreatment

standards and requirements by industrial

users;

3)

Control,

through ordinance, permit order

or similar

means,

the contribution

to the POTW by each

industrial

user to ensure compliance with

applicable pretreatment standards and requirements;

4)

Require:

A)

The development of

a compliance schedule by

each industrial user for the installation of

103--661

---

40

technology

required

to

meet

applicable

pretreatment standards and requirements; and

B)

The submission of all notices and self—

monitoring

reports

from

industrial

users

as

are n~cessaryto assess and assure compliance

by

indu~:rial

users

with

pretreatment

standa.ds

and

requirements,

including,

but

not

limited,

to

the

reports

required

in

Subpart

F;

5)

Carry

out

all

inspection,

surveillance

and

monitoring procedures necessary to determine,

independent

of

information

supplied

by

industrial

users, compliance or noncompliance with applicable

pretreatment standards and requirements by

industrial users.

Representatives

of the POTW

shall be authorized

to enter any premises of any

industrial

user in which a discharge source or

treatment system is located or

in which records are

required

to

be

kept

under

Section

310.634

to

assure

compliance

with

pretreatment

standards.

Such

authority shall be

at least

as extensive as the

authority

provided

under

Section

308

of

the

CWA;

6)

Obtain

remedies

for

noncompliance

by

any

industrial

user with any pretreatment standard or

requirement.

A)

All POTW’s shall be able to seek injunctive

relief

for noncompliance by industrial users

with pretreatment standards or

requirements.

The

POTW aha~paaa ~eg~a~a~en

~e aeek and

aaaeaa

ei~v4~

or

er~m~na3pena~tiea

for

neneemp~enee by

dtia~r~a~

‘aaera w~h

pr&erea~menbatand~rda

arid req

rer~en~a--

All POTW’s shall also have authority to seek

or assess civil

or criminal penalties in at

least

the amount of $1000

a day for each

violation by industrial users of pretreatment

standards and requirements.

POTW’s whose

approved pretreatment programs require

modification to conform to the requirements of

this subsection shall submit

a request by

November

16,

1989.

B)

Pretreatment requirements which will be

enforced through the remedies set forth

in

subsection

(a)(6)(A) will include but not be

limited

to: the duty

to allow or carry out

inspections,

entry

or monitoring activities;

any rules, regulations or orders issued by the

POTW;

or any reporting requirements imposed by

the POTW,

this Part

or

35

Ill. Mm.

Code

307.

The POTW shall have authority and

procedures

(after notice to the industrial

103—662

---

41

user)

immediately and effectively to halt

or

prevent any discharge of pollutants

to the

POTW which reasonably appears

to present an

imminent endangerment to the health

or welfare

of persons.

The POTW shall also have

authority and procedures

(which shall include

notice to the affected industrial users and an

opportunity to respond)

to halt

or prevent any

discharge to the POTW which presents or may

present an endangerment

to the environment or

which threatens to interfere with the

operation of

the POTW.

The Agency shall have

authority to seek judicial

relief

for

noncompliance by industrial

users when the

POTW has acted

to seek

such relief but has

sought

a penalty which

the Agency finds

to be

insufficient.

The procedures

for notice to

industrial users where

the POTW is seeking ex

parte temporary judicial injunctive relief

will be governed by applicable state or

federal law and not by this provision;

and

7)

Comply

with

the

confidentiality

requirements

set

forth in Section 310.105

b)

Procedures.

The

POTW

shall

develop

and

implement

procedures

to ensure compliance with the requirements of

a pretreatment program.

At

a minimum,

these procedures

shall enable

the POTW to:

1)

Identify and locate all possible industrial

users

which might

be subject

to the POTW pretrea~-ment

program.

Any compilation,

index or inventory of

industrial users made under this subsection shall

be made available to the Agency upon request.

2)

Identify the character and volume of

pollutants

contributed to the POTW by the industrial users

identified under subsection

(b)(l).

This

information shall be made available to the Agency

upon request.

3)

Notify industrial

users identified under subsection

(b)(l) of applicable pretreatment standards and any

applicable requirements

under

Section 204(b) and

405 of the CWA and Subtitles

C and D of the

Resource Conservation and Recovery Act,

incorporated by reference

in Section 310.107.

4)

Receive

and

analyze

self—monitoring

reports

and

other notices submitted by

industrial users in

accordance

with

the

self—monitoring

requirements

in

Subpart

D;

103—66 3

---

42

5)

Randomly

sample

and

analyze

the

effluent

from

industrial users and conduct surveillance and

inspection

activities

in

order

to

identify,

independent

of information supplied by industrial

users~occasional and continuing noncompliance with

pretreatment standards.

The results of these

activities

shall

be

made

available

to

the

Agency

upon

request;

6)

Investigate

instances of noncompliance with

pretreatment standards and requirements, as

indicated in the reports and notices required under

Subpart

D

or

as

indicated

by

analysis,

inspection

and surveillance activities described

in subsection

(b)(5).

Sample taking and analysis, and the

collection of other information, shall

be performed

with sufficient care

to produce evidence admissible

in enforcement proceedings

or

in judicial actions;

and

7)

Comply

with

the

public

participation

requirements

of 40 CFR 25, incorporated by reference in Section

310.107,

in

the

enforcement

of

pretreatment

standards.

These procedures shall include

provision for providing,

at least annually, public

notification,

in a newspaper

of general circulation

in the unit of local government

in which the POTW

is located, of industrial users

which, during the

previous

12 months, were significantly violating

applicable pretreatment standards

or other

pretreatment requirements.

For

the purposes of

this provision,

a significant violation is a

violation which remains uncorrected

45 days after

notification of noncompliance;

which

is part

of

a

pattern of noncompliance over

a twelve month

period; which involves a failure

to accurately

report noncompliance;

or which resulted

in the POTW

exercising

its emergency authority under subsection

(a) (6) (B).

c)

The POTW shall have sufficient resources and qualified

personnel

to carry the authorities and procedures

described in subsections

(a)

and

(b).

~j

Local

limits.

The POTW shall develop local limits as

required

in Section 310.210 or demonstrate that

they are

not necessary.

BOARD NOTE:

See

40 CFR 403.8(f) ~-l98G-~(l988),as amended at

53 Fed. Req.

40612,

October 17,

1988.

(Source:

Amended at

13

Ill. Req.

effective

---

43

Section 310.522

Contents

of Program Submission

The program description must contain the following information:

a)

A

statement

from

the

attorney

or

other

official

acting

in

a comparable capacity for the unit of local

government

that the POTW has authority adequate to carry

out the programs described

in Section 310.501 through

310.510.

This statement shall:

1)

Identify the provision of

the legal authority under

Section 310.510(a) which provides the basis

for

each procedure under

Section 310.510(b);

2)

Identify

the manner

in which the POTW will

implement the program requirements set forth

in

Sections 310.501 through 310.510,

including the

means by which pretreatment standards will be

applied

to individual industrial users

(e.g.,

by

order,

permit, ordinance, een~rae~,etc.);

and,

3)

Identify how the POTW intends

to ensure compliance

with pretreatment standards and requirements, and

to enforce them in the event of noncompliance by

industrial users;

b)

A copy of any statutes, ordinances,

regulations,

eentraeta,

agreements

or

other

authorities

relied

upon

by the POTW for

its administration of

the program.

This

submission shall

include a statement reflecting

the

endorsement or approval

of the local boards or bodies

responsible

for supervising or funding the POTW

pretreacment program

if approved;

c)

A

brief

description

(including organization charts) of

the POTW organization which will administer the

pretreatment program.

If more than one agency is

responsible

for administration of the program the

responsible agencies should be identified,

their

respective responsibilities delineated and their

procedures

for coordination set

forth;

and

d)

A

description

of

the

funding

levels

and

full—

and

part—

time manpower available to implement the program;

BOARD NOTE:

Derived from

40 CFR 403.9(b) ‘(-±986~(l988),

as

amended

at

53

Fed.

Req.

40612,

October

17,

1988.

(Source:

Amended at

13

Ill. Reg.

effective

Section 310.531

Agency Action

Any

POTW

requesting

POTW

pretreatment

program

approval

shall

103--65 5

---

44

submit to the Agency three copies of the submission described in

Section

310.522,

and,

if

appropriate,

Section

3l0.524.fE3pen

a

pre~m~narydeter~ne~en that the attbm~aaionmeeta the

re~~rementa ef

Sect~en

e~s~7

ertd7

±f apprepr~a~e7 Seet~on

3~O~S~47

the

Agene-~ ahall~Within

60

days

after

receiving

the

submission,

the

Agency

shafl

make

a

preliminary

determination

of

whether the submission meets

the requirements of Section 310.522

and,

if appropriate, Section 3l0.s24.

If the Agency makes the

preliminary

determination

that

the

submission

meets

these

requirements,

the Agency shall:

a)

Notify

the

POTW

that

the

submission

has

been

received

and

is under review;

and

b)

Commence the public notice and evaluation activities set

forth

in Section 310.540 through 310.546.

BOARD NOTE:

Derived from 40

CFP. 403.9(e)

~l986~(l988),

as amended at

53 Fed. Reg.

40612,

October

17,

1988.

(Source:

Amended at

13

Ill.

Reg.

effective

)

Section 310.542

Public Notice and Hearing

Upon receipt of

a submission the Agency shall commence its

review.

Within

S

20

work

days

after

making

a

determination

that

a submission meets the requirements of Section 310.522, and,

where removal ered~ta

her~zat~enallowance approval

is sought,

Sections 310.340 and

310.524,

the Agency shall:

a)

Issue

a

public

notice

of

request

for

approval

of

the

submission;

1)

This public

notice shall

be circulated

in a manner

designed to inform interested and potentially

interested persons of the submission.

Procedures

for the circulation of public notice shall include:

A)

Mailing notices

of the request

for approval of

the

submission

to:

i)

Federal agencies as designated

by USEPA;

ii)

Regional planning agencies which

participate

in development

of water

quality management plans; and

iii) Any other person or group who has

requested individual

notice,

including

those on appropriate mailing

lists; and

B)

Publication of

a notice of request

for

approval of the submission in the largest

103—665

---

45

daily newspaper within

the jurisdiction or

jurisdictions served by the POTW.

2)

The

public

notice

shall

provide

a

period

of

not

less than 30 days following the date of the public

notice during which time interested persons may

submit their written views on the submission.

3)

All written comments submitted during the

30 day

comment period

shall be retained by the Agency and

considered

in the decision on whether

or not

to

approve the submission.

The period for comment may

be extended at

the discretion of the Agency;

and

b)

Provide an opportunity

for

the applicant,

any affected

State, any interested

State or

federal agency,

person or

group of persons

to request

a public hearing with

respect

to the submission.

1)

This request for public hearing shall be filed

within the 30 day

(or extended)

comment period

described in subsection

(a)(2)

and shall indicate

the interest of the person filing such request and

the reasons why a hearing

is warranted.

2)

The

Agency

shall

hold

a

hearing

if

the

POTW

so

requests.

In addition,

a hearing will be held

if

there

is

a significant public interest in issues

relating to whether

or not the submission should be

approved.

Instances

of

doubt

should

be

resolved

in

favor of holding

the hearing.

3)

Public notice of

a hearing to consider

a submission

and sufficient

to inform interested parties of the

nature of the hearing and the right

to participate

shall be published in the same newspaper as the

notice

of

the

original

request

for

approval

of

the

submission under subsection (a)(l)(B).

In

addition, notice of

the hearing shall

be sent to

those persons requesting

individual notice.

BOARD NOTE:

Derived from 40 CFR 403.11(b)

f1986)-

(1988),

as

amended

at

53

Fed.

Req.

40613,

October

17, 1988.

(Source:

Amended at

13

Ill. Req.

effective

SUBPART F: REPORTING REQUIREMENTS

Section

310.602

Baseline

Report

Within the time limits specified

in subsection

(h), existing

industrial users subject

to such categorical pretreatment

103—667

---

46

standards and currently discharging

to or scheduled to discharge

to

a

POTW

shall

submit

to

the

control

authority

a

report

which

contains the information listed in subsections

(a) through

(g).

New sources, and sources that become industrial users subsequent

to the promulgation of an applicable categorical

standard, shall

submit to the control aut~-~rity

a report which contains the

information listed in su~ :ctions

(a)

through (e)~

Where reports containing this i:.formation already have been

submitted to the USEPA

in compliance with 40 CFR 128.140(b),

incorporated

by

reference

in

Section

310.107,

the

industrial

user

shall not be required to submit this information again.

New

sources shall also include in the report information on the

method of pretreatment the source intended to use to meet

applicable pretreatment standards.

New sources shall give

estimates of the information

requested in subsections

(d) and

(e).

a)

Identifying information.

The industrial user shall

submit

the name and address of

the facility including

the

name

of

the

operator

and

owners;

b)

Permits.

The industrial user shall submit a list of any

environmental control permits held by or for

the

facility;

c)

Description

of

operations.

The

industrial

user

shall

submit

a brief description of

the nature, average rate

of production and standard industrial classification

(SIC Code)

of

the operations carried out by such

industrial user.

This description should include a

schematic process diagram which indicates points of

discharge to the POTW from the regulated processes.

d)

Flow measurement.

The industrial

user shall submit

information showing

the measured average daily and

maximum daily

flow,

in gallons per day,

to the POTW from

each

of

the

following:

1)

Regulated process streams; and

2)

Other

streams as necessary

to allow use of

the

combined wastestream formula of Section 310.233.

(See subsection

(e)(5)).

The control authority may

allow for verifiable estimates

of these flows where

justified by cost or feasibility considerations.

e)

Measurement

of

pollutants.

1)

The industrial user shall identify the pretreatment

standards applicable

to each regulated process;

2)

In addition,

the industrial user shall submit

the

results

of

sampling

and

analysis

identifying

the

nature and concentration

(or mass,

where required

103-- 6 63

---

47

by the standard or control authority)

of

regulated

pollutants in the discharge

from

each regulated

process.

Both daily maximum and average

concentration

(or mass, where required)

shall be

reported.

The sample

shall be representative of

daily operations.

3)

Where feas4b~e7aemp~esmt,at be ebta~nedthre~gh

the few

prepert+one

eempea4te aampi4ng teehn4q~ea

apee~f~ed

4n the app4eab~e eateger4~ee~

pretreatment atamdard-~ Where eempea4te

aamp~±ng~a

met feaa’ib+e7 a grab aemple ~a aeeeptable~ A

minimum of four

(4)

grab samples must be used for

pH, cyanide,

total phenols,

oil and grease,

sulfide

and volatile organics.

For all other pollutants,

24—hour composite samples must

be obtained through

flow-proportional composite sampling techniques

where feasible.

The control authority shall waive

flow proportional composite sampling for any

industrial user

that demonstrates that

flow—

proportional sampling

is infeasible.

In such

cases, samples shall

be obtained through time

proportional composite sampling techniques

or

through a minimum of four

(4)

grab samples where

the user demonstrates that this will provide a

representative sample of

the effluent being

discharged.

4)

Where the f’ew of the atream being aamp~ed4a

than or

egtia+ to 9587888 4tera/day

±apprex~matey

2587988

gpd-~-7the

~nd~str4a+

tiaer meat take three

aampea

w4th~na two—week per~ed~Where the f~ew

of the atream be4ng aemp~ed~a greater than 9587888

~4tera,Lday‘(-apprex~mate~y

258~898

gpdj~- the

~aer

aha~take

a4~

aamp~eaw~th~n

a two—week periedThe

user shall take a minimum of

one representative

sample

to compile that data necessary to comply

with the requirements of

this subsection.

5)

Samples shall be taken immediately downstream from

pretreatment facilities

if such exist or

immediately downstream

from

the regulated process

if no pretreatment exists.

If other wastewaters

are mixed with the regulated wastewater prior

to

pretreatment the industrial user shall measure the

flows and concentrations necessary to allow use of

the combined wastestream formula of Section 310.233

in order

to evaluate compliance with the

pretreatment standards.

Where an alternate

concentration or mass

limit has been calculated

in

accordance with Section 310.233,

this adjusted

limit along with supporting data shall

be submitted

to the control authority;

103--669

---

48

6)

Analytical

methods.

A)

The

Board

incorporates

by

reference

40

CFR

403.12(b)

~986’)(1988),

as

amended

at

53

Fed.

Req.

40613,

October

17,

1988.

This

Part

incorporates no future amendments or editions.

B)

Sampling

and

analysis

shall

be

performed

in

accordance with the techniques prescribed

in

35

Ill.

Adm.

Code

307.1003.

When

35

Ill.

Adm.

Code 307.1003 does not reference sampling or

analytical techniques

for the pollutant

in

question or where USEPA has determined that

sampling and analysis techniques are

inappropriate pursuant

to

40 CFR 403.12(b),

sampling and analysis shall be performed by

using validated analytical methods or any

other applicable sampling and analytical

procedures, approved by the Agency,

including

procedures suggested by

the POTW or other

parties;

7)

The control authority may allow

the submission of a

baseline report which utilizes only historical data

so long as the data provides information sufficient

to determine the need for industrial pretreatment

measures;

8)

The

baseline

report

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 POTW.

f)

Certification.

A statement,

reviewed by an authorized

representative

of the industrial user

(as defined

in

Section 310.633) and certified to by a qualified

professional,

indicating whether pretreatment standards

are being met on a consistent basis, and,

if not,

whether

additional

operation

and

maintenance

(0

and

M)

or additional pretreatment

is required for the

industrial user to meet the pretreatment standards and

requirements; and

g)

Compliance schedule.

If additional pretreatment

or 0

and M will be required to meet the pretreatment

standards;

the shortest schedule by which

the industrial

user will provide such additional pretreatment or

0 and

M.

The completion date

in this schedule shall not be

later than the compliance date established for the

applicable pretreatment standard.

I)

Where the industrial user’s categorical

pretreatment standard has been modified by a

103--6 70

---

49

removal allowance

(Subpart C),

by the combined

wastestream formula

(Section 310.233) or

a

fundamentally different factors determination

(Subpart

E)

at the time the user submits the report

required by this Section,

the information required

by subsections

(f) and

(g)

shall pertain to the

modified

limits.

2)

If the categorical pretreatment standard is

modified by

a removal allowance (Subpart C), by the

combined wastestream formula

(Section 310.233)

or a

fundamentally different factors determination

(Subpart

E) after the user submits the report

required

by

this

Section,

any

necessary

amendments

to the information requested by subsections

(f) and

(g)

shall be submitted by the user to the control

authority within 60 days after

the modified limit

is approved.

h)

Deadlines

for baseline reports.

1)

For standards adopted by USEPA prior

to

authorization

of

the

Illinois

pretreatment

program,

baseline

reports

must

be

submitted

pursuant

to

40

CFR 403.12(b).

2)

For standards adopted by USEPA after authorization

of

the Illinois pretreatment program7 b:

~J

Baseline

reports

for

existing

sources

are

due

within 180 days after

the Board adopts or

incorporates a categorical pretreatment

standard or

180 days after

the final

administrative decision made upon a category

determination submission under Section

310.221(d), whichever

is later.

New sources and sources that become industrial

users subsequent to the promulgation of an

applicable categorical standard shall submit

the baseline report within 90 days before

beginning discharge.

New sources already in existence and

discharging on the date the Board adopts or

incorporates

a categorical pretreatment

standard or 180 days after

the final

administrative decision made upon

a category

determination submission under Section

310.221(d),

as described for existing sources

under subsection

(h)(l)(A), are considered

existing sources for the purposes of the due

date

provisions

of

this

subsection.

103—671

---

50

BOARD NOTE:

Derived from 40 CFR 403.12(b)

ff986-)

(1988),

as

amended

at

53

Fed.

Req.

40613,

October

17,

1988.

(Source:

Amended

at

13

Ill.

Reg.

effective

)

Section

310.604

Report

on

Compliance

with

Deadline

Within 90 days following the date for final compliance with

applicable categorical pretreatment standards or,

in the case of

a

new

source

following

commencement

of

the

introduction

of

wastewaster

into the POTW, any industrial user subject to

pretreatment standards and requirements

shall submit

to the

control

authority

a

report

4nd~eat~ngthe

nature

and

eencentrat~en

of

a~1 pe~~tanta

in

the d4acharge from the

regtt~ated

proeeaa

wh~eh are

~m~ted

by

pretreatment

atandarda

and

re~tt4rementaand the average and maximtin’. dei~yf’ow for theae

preeesa

t~n~tai~mthe

4nd~atr-ia~uaer

wh~eh are

~m~ted

by

aueh

pretreatment

atandarda

and

reqt~rementa--

The

report

aha~3 atate

whether

the

app3~eab3e

pretreatment

atandarda

or

reqt2irementa are

being met en a eonai~atentbaaia and7

~f

net7 whet edd~t4ena~0

and

H

or

pretreatment

4a neeeaaery to bring the ~nd~atria~ t~aer

into eomp~aneewith the app~eab~epretreatment atandarda or

reqt~irementa--

Phi~a atatement

aha3~ be

a~gned by

an

auther4red

repreaentat~ve

of

the

~ndtiatr4a~

~aer~

aa

defined

~n

Seetien

3~8-~-6337

and

eertified

to

by

a

q~a~fi-ed prefeaa~ena~

containing

the information described in Section

310.602(d) through

(f).

For

industrial users subject

to equivalent mass

or concentration

limits established by the control authority in accordance with

~~cedures

in Section 310.230,

this

report must contain

a

reasonable measure of

the user’s long term production

rate.

For

all other

industrial users subject

to categorical pretreatment

standards expressed in terms

of allowable pollutant discharge per

unit of production

(or other measure

of operation),

this report

must include the user’s actual production during the appropriate

sampling period.

BOARD NOTE:

Derived from 40 CFR 403.12(d) ~l986j-(l988),as

amended at

53 Fed.

Reg.

40613, October

17,

1988.

(Source:

Amended at 13

Ill.

Req.

effective

)

Section 310.605

Periodic Reports on Compliance

a)

Any industrial user subject

to

a categorical

pretreatment standard,

after the compliance date of such

pretreatment standard or,

in the case of

a new source,

after commencement of the discharge into the POTW,

shall

submit

to the control authority during

the months of

June

and

December,

unless

required

more

frequently

in

103—6 72

---

51

the pretreatment standard or

by the control authority,

a

report indicating the nature and concentration of

pollutants

in

the

effluent

which

are

limited

by

such

categorical pretreatment standards.

In addition, this

report shall include a record of measured or estimated

average and maximum daily flows

for the reporting period

for

the

discharge

reported

in

Section

310.602(d),

except

that the control authority may require more detailed

reporting of flows.

In consideration of such factors as

local

high

or

low

flow

rates,

holidays,

budget

cycles,

etc.,

the control authority may alter the months during

which the above reports are

to be submitted.

b)

Where the control authority has imposed mass limitations

on

industrial

users

as

provided

by

Section

310.232,

the

report

required

by

subsection

(a)

shall

indicate

the

mass

of

pollutants

regulated

by

pretreatment

standards

in the discharge from the industrial user.

~J

For

industrial users subject

to equivalent mass

or

concentration limits established by the control

authority

in accordance with the procedures

in Section

310.230,

the

report

required

by

subsection

(a)

must

contain a reasonable measure of the

user’s

long

term

production rate.

For all other

industrial users subject

to categorical pretreatment standards expressed only in

terms of allowable pollutant discharge per unit

of

production

(or other measure

of operation),

the report

required

by

subsection

(a)

must

include

the

user’s

actual

average

production

rate

for

the

reporting

period.

BOARD

NOTE:

Derived

from

40

CFR

403.12(e)

‘(-1986)-(l988),

as

amended

at

53

Fed.

Req.

40614,

October

17,

1988.

(Source:

Amended at 13

Ill.

Req.

effective

Section 310.606

Notice of S~ig~eedingPotential Problems,

The

~nduatr4a~

tiaer

aha~3 net~fy

the

POPW

~mmed~ete±y

of

any

a~ttg

~oed4rtg7

aa

def4ned

by

Seet~en 3~872G2 and

35

~~z--

Adm-- 6ede

38~33817

by

the

4nd~atr~e+tlaerT

A~ eateger~ea

and

non—

eeteger~ea~ 4nduatr~a~

ttaera

aha~not4fy the POPW

~ed~ete~y

of

a~

diaehergea

that

eet~d ea~ae preb~ema

to

the POPW-r inet~ding

any

a~ttg ~oad~nga

aa

defined

by

Seet4on

3±87282 and

35

~±~-

AdmT

?ede

38~7±±O~y

by

the

~nd~atr~a± ~aer7

BOARB NOPE-?

Ber~vedfrom 48

~FR 483--±2~-f-~

-(-±986-)(l988),

as

amended at

53

Fed.

Reg.

40614, October

17,

1988.

(Source:

Amended

at

13

Ill.

Req.

effective

103—673

---

52

Section

310.610

Monitoring

and

Analysis

~J,

The reports required

in Section 310.602(e),

310.604 and

310.605 shall contain the results of sampling and

analysis of the discharge,

including

the, flow and the

nature

and

concentration

or

production

and

mass

where

requested by the control authority, of pollutants

contained in the discharge which are limited by the

applicable

pretreatment

standards.

A±±

ana±yaea aha~±

be performed in accordance with preced~reareferenced ~n

35

~±±-~

hdmT 8ede 38~-±9e3or w4th any other teat

procedtirea approved by the Agertcy7

Samp±~mgaha3~be

performed

~n

accordance

wi~th the

techn~ttea

approved

by

the

Agertcy7

Where

3S

~±±~

Adm7

eede

38~7±883doea

net

reference

aampHmg

or

ana±ytica± techn~quea

for

the

po±±t~tanta

~n

~eat4en

or

where

BSEP~ ?taa

determi~ned aa

provided ~n Sect4en 3±87682that aamp±~ngand ana±yt~ea±

techn~qt±ea

are -inapprepriatey aemp±4ngand ena±yaea

aha±±be performed t~a~ngva±idatedana±ytiea±metheda or

arty

ether

aamp±~ng

and

ena±ytiea± precedttrea7

approved

by the Ageney7 4me~t~d4mg

precedttrea atiggeated by the

POTW or other peraerta7This sampling and analysis may be

performed

by

the

control

authority

instead

of

the

industrial

user.

Where

the

POTW

performs

the

required

sampling and analysis instead of the industrial user,

the

user

is

not

required

to

submit

the

compliance

certification required under Sections 310.602(f)

and

310.604.

In

addition,

where

the

POTW

itself

collects

all the information required for the report,

including

flow data,

the industrial user

is not required to submit

the report.

~J

If samp~ingperformed by an industrial user indicates

a

violation,

the user

shall notify the control authority

with 24 hours

of becoming aware

of the violation.

The

user

shall also repeat the sampling and analysis and

submit

the results

of the repeat analysis

to the control

authority within

30 days after becoming aware of the

violation,

except

the industrial user

is not required to

resample

if:

~j

The control authority performs sampling at the

industrial user at a frequency of at

least once per

month or

~J

The control authority performs sampling at the user

between the time when

the user performs

its initial

sampling and the time when the user receives the

results of this sampling.

~j

The reports required

in Section 310.605 must be based

upon data obtained through appropriate sampling and

analysis performed during

the period covered by the

report, which data

is representative of conditions

103- 674

---

53

occurring during the reporting period.

The control

authority

shall

require

that

frequency

of

monitoring

necessary to assess and assure compliance by industrial

users

with

applicable

pretreatment

standards

and

requirements.

~J,

All analyses must be performed in accordance with

procedures referenced in

35 Ill. Adm. Code 307.1003, or

with any other test procedure approved by the Agency.

Sampling shall be performed in

accordance

with

the

techniques approved by the Agency.

Where 35 Ill Adm.

Code 307.1003 does not reference sampling or analytical

techniques for the pollutants in question, or where

USEPA has determined as provided in Section 310.602 that

sampling and analytical techniques are inappropriate,

sampling and analyses shall be performed using validated

analytical methods or any other sampling and analytical

procedures including procedures approved by the POTW or

other persons.

e)

If an industrial user subject

to the reporting

requirement

in Section 310.605 monitors any pollutant

more

frequently

than

required

by

the

control

authority,

using

the procedures prescribed

in subsection

(d),

the

results

of

this

monitoring

shall

be

included

in

the

report.

BOARD NOTE:

Derived from 40 CFR 403.12(g)

-(-±98G~)-(l988),

as amended at

53 Fed. Req.

40614, October

17,

1988.

(Source:

Amended at

13 Ill.

Req.

effective

)

Section 310.611

Requirements

for Non—Categorical Users

The control authority shall require appropriate reporting from

those industrial

user.s with discharges that are not subject

to

categorical

pretreatment

standards.

BOARD

NOTE:

Derived

from

40

CFR

403.l2(h),as

added

at

53

Fed.

Reg.

40614,

October

17,

1988.

(Source:

Added

at

13

Ill.

Reg.

effective

Section 310.612

Annual POTW Reports

POTW’s with approved pretreatment programs shall provide the

approval authority with

a report

that briefly describes the

POTW’s program activities,

including activities

of all

participating agencies,

if more than one jurisdiction

is involved

in the local program.

The’ report required by this Section must

be submitted no later

than one year after approval of

the POTW’s

pretreatment

program

and

at

least

annually

thereafter.

The

103-- 67

5

---

54

report must

include, at

a minimum,

the following:

~J

An updated list of the POTW’s

industrial users,

including their names and addresses or

a list of

deletions and additions keyed

to a previously submitted

list.

The POTW shall provide a brief explanation of

each deletion.

This list must identify which industrial

users are subject

to categorical pretreatment standards

and specify which standards are applicable to each

industrial

user.

The

list

must

indicate

which

industrial users are subject to more stringent than the

categorical

pretreatment

standards.

The

POTW

shall

also

list

the

industrial

users

that

are

subject

only

to

local

requirements.

~J

A summary of the status

of

industrial

user

compliance

over

the

reporting

period.

c)

A summary of compliance and enforcement activities

(including inspections) conducted by

the

POTW

during

the

reporting period. And,

~J

Any other relevant information requested by the Agency.

BOARD NOTE:

Derived

from 40 CFR 403.12(i),

as added at

53

Fed. Req.

40614,

October

17,

1988.

(Source:

Added at

13

Ill. Req.

effective

Section 310.613

Notification of Changed Discharge.

All

industrial users

shall prom~~ynotify the POTW in advance of

any substantial change

in the volume

or character

of pollutants

in their

discharge.

BOARD NOTE:

Derived from 40 CFR 403.12(j),

as added at

53

Fed.

Reg.

40614,

October

17,

1988.

(Source:

Added at

13

Ill.

Req.

effective

Section 310.621

Compliance Schedule for POTW’s

The following conditions and reporting requirements shall apply

to the compliance schedule

for development of an approvable POTW

pretreatment program required by Sections 310.501 through

310.510.

a)

The schedule shall contain increments of progress

in the

form of dates

for the commencement and completion of

major events

leading

to the development and

implementation

of

a

POTW

pretreatment

program

(e.g.,

acquiring

required

authorities,

developing

funding

~fl3676

---

55

mechanisms,

acquiring equipment);

b)

No increment referred to in Section 310.621(a)

shall

exceed

nine

months;

C)

Not

later

than

14

days

following

each

date

in

the

schedule

and

the

final

date

for

compliance,

the

POTW

shall

submit

a

progress

report

to

the

Agency

including

as

a minimum,

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

delay,

and

the

steps

taken

by

the

POTW

to

return

to

the

schedule

established.

In no event shall more than nine months

elapse between such progress reports

to the Agency.

BOARD NOTE:

Derived from 40 CFR 403.12(h)

f±986’)’(1988),

redesignated

40

CFR

403.12(k),

as

amended

at

53

Fed.

Reg. 40614, October

17, 1988.

Section

310.631

Signatory

Requirements

for

Industrial

User

Reports

The reports required by Sections 310.602, 310.604 and 310.605

mtiat be aigned by

art etithor~edrepreaentat~veof the ~ndtiatr~a±

tiaer7

Art auther~zedrepreaentative ~a~-mustinclude the

certification

statement

as

set

forth

in

Section

3l0.22l(b)(2)

and

must be signed as follows:

a)

A princ~pa±executive eff4cer of at ±eeatthe ±eve±of

v4ce prea~dent7~f the ~ndtiatr~e~ttaer atibmitt4ng the

reporta reqti~redby Sect~ena

3±976927

3±87694 and

3±876854a

a cerperat+enTBy a responsible corporate

officer,

if the industrial user submitting the reports

required in Sections 310.602, 310.604 and

310.605

is

a

corporation.

For

the purposes of

this Section,

a

responsible corporate officer means:

II

A president,

secretary,

treasurer or vice—president

of the corporation in charge of

a principal

business

function

or

any

other

person

who

performs

similar policy or decision—making functions for

the

corporation;

or

,fl

The manager

of one or more manufacturing,

production or operation facilities employing more

than 250 persons or having gross annual sales or

expenditures exceeding $25 million

(in second

quarter

1980 dollars)

if authority to sign

documents has been assigned or delegated

to the

manager

in accordance with corporate procedures.

b)

A general partner

or proprietor,

if the industrial

user

submitting

the report required by Sections 310.602,

103-- 67 7

---

56

310.604 and 310.605

proprietorship, respectively.

c)

A duly authorized representative of the individual

designated

in subsections

(a) or

(b),

if:

~tieh

repreaentative ia reapena~b±efor the overe±±operetiert

of the faci±~tyfrom wh4ch the 4nd~reetdiacharge

or±gtrtatea7

fl

The authorization is made in writing by the

individual described in subsections

(a)

or (b)

j)

The authorization specifies either an individual

or

a position having responsibility for

the overall

operation

of

the

facility

from

which

the

industrial

discharge

originates,

such

as

the

position

of

plant

manager,

operator

of

a

well

or

well

field

superintendent or

a position of equivalent

responsibility or having overall responsibility for

environmental matters for the company; and

~j

The written authorization is submitted

to the

control authority.

4J

If an authorization under subsection

(C)

is no longer

accurate because a different individual

or position has

responsibility

for

the

overall

operation

of

the

facility

or overall responsibility for environmental matters for

the company,

a new authorization satisfying the

requirements of subsection

(c) must be submitted to the

control authority prior to

or together with any reports

to be signed by an authorized representative.

BOARD NOTE:

Derived from

40 CFR 403.12(i)

-?±986)-(l988),

redesignated

40 CFR 403.12(1),

as amended at

53 Fed.

Reg.

40614, October

17,

1988.

(Source:

Amended at

13

Ill. Req.

effective

Section 310.632

Signatory Requirements for POTW Reports

Reports submitted to the Agency by the POTW in accordance with

Section 310.621 must be signed by

a principal executive officer,

ranking elected official or other duly authorized employee

if

such employee is responsible

for overall operation of the POTW.

BOARD NOTE:

Derived from 40 CFR 403.12(j)

~-±98G)-(l988),

redesignated 40 CFR 403.12(m),

as amended by

53

Fed. Req.

40613,

‘October

17,

1988.

(Source:

Amended at

13

Ill. Req.

effective

)

103--673

---

57

Section 310.633

Fraud and False Statements

The reports

required by Sections 310.602,

310.604,

310.605,

310.611,

310.612

and 310.621 are subject to the provisions of 18

U.S.C.

1001,

incorporated by reference in Section, 310.107,

relating to fraud and false statements and the provisions of

Section 309(c)(2) of the CWA governing false statements,

representations or certifications in reports required under the

CWA, and to the provisions of Title XII

of the Act.

BOARD NOTE:

Derived from 40 CFR 403.12(k)

(-±986’)-(l988),

redesignated

40

CFR

403.12(n),

as amended by

53 Fed. Req. 40614,

October

17,

1988.

(Source:

Amended at

13 Ill. Reg.

effective

Section 310.634

Recordkeepinq Requirements

a)

Any industrial user the POTW subject

to the reporting

requirements established in this Subpart shall maintain

records of all information resulting from any monitoring

activities required by this Subpart.

Such records shall

include for all samples:

1)

The date, exact place, method and time of sampling,

and

the

names

of

the

person

or

persons

taking

the

samples;

2)

The dates analyses were performed;

3)

Who performed the analyses;

4)

The analytical techniques/methods

use;

and

5)

The results of such analyses.

b)

Any industrial user or POTW subject

to the reporting

requirements established in this Subpart shall be

required to retain

for

a minimum of

3 years any

records

of monitoring activities and results

(whether or not

such monitoring activities are required by this Section)

and shall make such records available for inspection and

copying by

the Agency

(and POTW in the

case of an

industrial user).

This period of retention shall be

extended during the course of any unresolved litigation

regarding

the

industrial

user

or

POTW

or

when

requested

by the Agency.

c)

Any POTW to which reports are submitted by an industrial

user

pursuant

to

Sections

310.602,

310.604

and,

310.605

and

310.611

shall

retain

such

reports

for

a

minimum

of

3

years

and

shall

make

such

reports

available

for

inspection and copying by the Agency.

This period of

103—679

---

58

retention shall be extended during the course of any

unresolved litigation regarding the discharge of

pollutants by the industrial user or

the operation of

the

POTW

pretreatment

program

or

when

requested

by

the

Agency.

BOARD NOTE:

Derived from 40 CFR 403.12(1)

(-±99G~(l988),

redesignated

40 CFR 403.12(0),

as amended at

53 Fed.

Req.

40614, October

17,

1988.

(Source:

Amended at

13 Ill. Req.

effective

SUBPART

H: ADJUSTMENTS FOR POLLUTANTS

IN INTAKE

Section 310.801

Net/Gross Calculation by USEPA

USEPA may adjust categorical pretreatment standards to reflect

the presence of pollutants in the industrial user’s intake water

as

provided

in

40

CFR

403.15

‘(-±996-)-(l988), as amended at

53 Fed.

Req.

40615,

October

17,

1988.

(Source:

Amended at 13

Ill. Req.

effective

SUBPART

I:

UPSETS

Section 310.903

Conditions Necessary for an Upset

An

industrial

user

who

wishes

to

establish

the

affirmative

defense

of

upset

shall

demonstrate,

through

properly

signed,

contemporaneous operating logs or other relevant evidence,

that;

a)

An upset occurred and the industrial user

can identify

the apeeifie cause or causes of the upset;

b)

The facility was at

the time being operated in a prudent

and workmanlike manner and

in compliance with applicable

operation and maintenance procedures;

c)

The

industrial

user

has submitted the following

information

to the POTW and control authority within

24

hours of becoming aware of the upset

(if this

information

is provided orally,

a written submission

must

be provided within five days);

1)

A description of the

indirect discharge and cause

of noncompliance;

2)

The period of noncompliance,

including exact dates

and

times

or,

if

not

corrected,

the

anticipated

time

the

noncompliance

is

expected

to

continue;

3)

Steps being taken or planned to reduce,

eliminate

103—650

---

59

and prevent recurrence of

the noncompliance.

BOARD NOTE:

Derived from 40 CFR 403.16(c) f±986-)

(1988),

as amended at

53

Fed. Reg.

40615, October

17,

1988.

(Source:

Amended at

13 Ill. Reg.

effective

)

SUBPART J:

BYPASS

Section 310.910

Definitions

“Bypass” means the intentional diversion of wastestreams

from any portion of

an industrial user’s treatment

facility.

“Severe property damage” means substantial physical

damage

to property, damage

to treatment facilities which

causes them to become inoperable or substantial and

permanent

loss

of

natural

resources

which

can

reasonably

be expected

to occur

in the absence of

a bypass.

Severe

property damage does not mean economic loss caused by

delays

in production.

BOARD

NOTE:

Derived

from

40

CFR 403.17(a), as added at

53 Fed.

Req.

40615, October

17,

1988.

(Source:

Added at

13

Ill. Req.

effective

Section 310.911

Bypass Not Violating Applicable

Pretreatment Standards or ReQuirements

An industrial user may allow any bypass to occur which does not

cause pretreatment standards or requirements

to be violated,

but

only

if

it also

is for essential maintenance to assure efficient

operation.

These

bypasses

are

not

subject

to

the

provisions

of

Sections 310.912 and 310.913.

BOARD NOTE:

Derived from 40 CFR 403.17(b),

as added at

53 Fed.

Reg.

40615, October

17, 1988.

(Source:

Added

at

13

Ill.

Req.

effective

)

Section

310.912

Notice

a)

If an industrial user knows

in advance of the need for a

bypass,

it shall submit prior notice

to the control

authority,

if

possible

at

least

10

days

before

the

date

of

the bypass.

~J

An

industrial

user

shall

submit

oral notice of an

103--68 1

---

60

unanticipated

bypass

that

exceeds

applicable

p,~etreatmentstandards to the control authority within

24 hours from the time the industrial user becomes aware

of the bypass.

A written submission shall also be

provided within

5 days of

the time the industrial user

becomes aware

of the bypass.

The written submission

must contain:

1)

A description of the bypass and its cause,

~j

The duration of the bypass,

including exact

dates and times

and,

3)

If the bypass has not been corrected,

the

anticipated

time

it

is

expected

to

continue

and the steps

taken or planned to reduce,

eliminate and prevent reoccurrence of the

bypass.

~

The control authority may waive

the written report on

a

case—by—case

basis

if

the

oral

report

has

been

received

within

24

hours.

BOARD NOTE:

Derived from 40 CFR 403.17(c),

as added at

53 Fed.

Req.

40615,

October

17,

1988.

(Source:

Added at

13

Ill. Req.

effective

)

Section 310.913

Prohibition of Bypass

~J

Bypass

is prohibited unless:

1)

Bypass

was unavoidable

to prevent

loss

of life,

personal injury or

severe property damage

,~j

There were no feasible alternatives

to the bypass,

such

as

the

use

of

auxiliary

treatment

facilities,

retention of untreated wastes

or maintenance during

normal periods of equipment downtime.

This

condition is not satisfied

if adequate back-up

equipment

should

have

been

installed

in

the

exercise

of reasonable engineering

judgment to

prevent

a bypass which occurred during normal

periods

of equipment downtime or preventative

maintenance; and

3)

The industrial user submitted notices

as required

under Section 310.912.

~j,, The control authority may approve an anticipated bypass,

after considering its adverse effects,

if the control

authority determines

that the bypass will meet the

requirements of subsection

(a).

103--682

---

61

BOARD NOTE:

Derived from 40 CFR 403.17(d),

as added at

53 Fed.

Req. 40615,

October

17,

1988.

(Source:

Added at

13

Ill. Req.

effective

)

SUBPART K:

MODIFICATION OF POTW PRETREATMENT PROGRAMS

Section 310.920

General

Either the Agency or

a POTW with an approved POTW pretreatment

program

may

initiate

program

modification

at

any

time

to

reflect

changing conditions at the POTW.

Program

modification

is

necessary whenever there

is

a significant change

in the operation

of

a POTW pretreatment program that differs from the information

in the POTW’s submission, as approved under Section 310.541

through Section 310.546.

BOARD

NOTE:

Derived

from

40

CFR

403.18(a),

as added at

53 Fed.

Reg.

40615,

October

17,

1988.

(Source:

Added at 13

Ill.

Req.

effective

)

Section 310.921

Procedures

POTW

pretreatment

program

modifications

must

be

accomplished

as

follows

for

substantial

modifications,

as

defined

in

Section

910.922.

~J

The POTW shall submit

to the Agency a statement

of the

basis

for the desired modification, a modified program

description

(See Section 310.510) or such other

documents the Agency determines

to

be necessary under

the circumstances.

~J,,

The

Agency

shall

approve

or

disapprove

the

modification

based on the requirements of

Section 310.510, following

the

procedures

in

Section

310.542.

~

The

modification

must

be

incorporated

into

the

POTW’s

NPDES permit after approval pursuant

to 35

Ill.

Adm.

Code 309.Subpart

A.

~J

The modification becomes effective upon approval by the

Agency.

Notice of

approval must be published in the

same newspaper of the original

request for approval of

the modification under Section 310.542(a)(l)(B).

BOARD NOTE:

Derived from 40 CFR 403.18(b),

as added

at

53 Fed. Reg.

40615, October

17,

1988.

(Source:

Added at

13

Ill. Req.

103—683

---