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Minnesota Legislature

Office of the Revisor of Statutes

7049.1020 ANNUAL PRETREATMENT REPORTS FOR DELEGATED POTW PRETREATMENT PROGRAMS.

A POTW authority with an approved delegated pretreatment program approved under parts 7049.0800 to 7049.1005 shall submit a pretreatment annual report to the agency for each calendar year. The report shall be submitted within 60 days after the end of each calendar year, unless a different date is specified in the POTW's national pollutant discharge elimination system permit. A POTW's first annual report meeting the requirements of this part following approval of its pretreatment program under parts 7049.0930 to 7049.0960 shall be submitted no later than one year after approval of the POTW's pretreatment program. The annual report shall describe the POTW's pretreatment activities during the previous calendar year and shall include the following additional information:

A.

a summary of changes to the POTW's pretreatment program that have not been previously reported to the agency;

B.

an updated list of the POTW authority's significant industrial users, including the summary total of significant industrial users and categorical industrial users, and a list of additions to and deletions from the previously submitted list of significant industrial users, with a brief explanation for each deletion. For each significant industrial user, the following information shall be included:

(1)

the significant industrial user's name;

(2)

the significant industrial user's address;

(3)

the criteria and parameters for which the significant industrial user is significant;

(4)

the category and subcategory of any applicable national categorical pretreatment standards;

(5)

whether or not the significant industrial user's individual control mechanism is current or expired; and

(6)

whether the significant industrial user is subject to local limits only or local limits that are more stringent than the categorical pretreatment standards;

C.

a list of categorical industrial users that are considered nonsignificant categorical industrial users as defined in part 7049.0120, subpart 24, item D, or are subject to reduced monitoring requirements under part 7049.0570, subpart 2;

D.

a summary of the discharge monitoring data for each significant industrial user for the reporting year. The summary shall include all available data and shall accurately represent the discharge by the industrial user;

E.

a summary of the inspection and sampling activities conducted by the POTW during the reporting year to gather information and data regarding industrial users. The summary shall include identification of the industrial users subject to surveillance by the POTW and an indication of the type, such as inspection or sampling, and number of surveillance activities performed;

F.

a characterization of the compliance status of each significant industrial user during the reporting year. The compliance characterization shall at least indicate status as follows:

(1)

no violations noted with discharge limits, and compliance with monitoring and reporting requirements is sufficient to determine compliance with discharge limitations;

(2)

violations were noted with discharge limits or violations of monitoring and reporting requirements that may have impaired the POTW authority's ability to determine compliance with discharge limitations were noted, but the noncompliance does not meet the definition of significant noncompliance;

(3)

significant noncompliance; or

(4)

status unknown;

G.

for each significant industrial user that was out of compliance with required pretreatment standards, a description of the standards or requirements that were violated. For each significant industrial user in significant noncompliance, the reason for the significant noncompliance, if known, and whether the significant industrial user was placed on a compliance schedule for returning to compliance shall be included. If the significant industrial user is on a compliance schedule, the date of final compliance shall be noted;

H.

a summary of the enforcement actions taken by the POTW authority during the reporting year. The summary shall include the names and addresses of the industrial users that were the subject of enforcement action, the enforcement action taken, and whether or not the industrial user has returned to compliance. The report shall also list numbers of:

(1)

significant industrial users in significant noncompliance with compliance schedules;

(2)

formal enforcement actions taken, such as administrative orders or notices of violation;

(3)

judicial actions taken against significant industrial users;

(4)

significant industrial users with significant noncompliance published; and

(5)

significant industrial users that paid penalties;

I.

a description of any upset, interference, or pass-through incident at the POTW that the POTW authority knows or suspects were caused by industrial users of the POTW system. The description shall include the reasons why the incidents occurred, the corrective actions taken, and the industrial users responsible, if known. The report shall also include an assessment of the effectiveness of the pretreatment program in preventing interference, pass-through of pollutants, and contamination of sludge;

J.

a summary of public participation activities to involve and inform the public. This shall include a copy of the annual publication of significant noncompliance, if the publication was needed to comply with part 7049.0830, item I; and

K.

any other relevant information requested by the agency.

Statutory Authority:

MS s 115.03

History:

33 SR 696

Published Electronically:

November 6, 2008