It is the responsibility of every POTW authority to control the contribution of industrial users that discharge to the POTW plant to prevent interference or pass-through. Every POTW shall require industrial users that discharge to the POTW plant to comply with the general and specific prohibitions in part 7049.0140 and shall take appropriate action in case of violations.
In cases where pollutants contributed by industrial users result in interference or pass-through and the violation is likely to recur, the POTW authority shall develop and enforce specific local effluent limits or best management practices for industrial users and all other users, as appropriate, which, together with appropriate changes in the POTW plant's facilities or operation, are necessary to ensure renewed and continued compliance with the POTW's national pollutant discharge elimination system permit or sludge use or disposal practices.
Specific local effluent limits must not be developed and enforced without individual notice to persons or groups who have requested such notice and an opportunity to respond.
A POTW authority shall not knowingly enter into an agreement with an industrial user or issue a permit to an industrial user that allows the industrial user to discharge wastewater that would cause interference or pass-through or cause a violation of part 7049.0140.
If an industrial user causes interference or pass-through without violating the local limits imposed on them by the receiving POTW, so that the affirmative defense of part 7049.0150 may be invoked, the receiving POTW shall re-evaluate and revise relevant local limits to ensure that they are adequately restrictive to protect against pass-through or interference.
MS s 115.03
33 SR 696
November 6, 2008