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40 CFR Ch. 1 (7-1-92 Edition) Environmental Protection Agency §403.5 e with the self-monitoring require. enforcement proceedings or in judicial ment order for starting construction, ats in i;403.12; completing construction, or attaining ) Randomly sample and analyze aches•Comply With the and effluent from industrial users and (tion requirements of 40uCTS part 125 final( )co�ur°to provide, within 30 duet surveillance activities in order the enforcement of national Pre- days after the due date, required re- supplied by industrial users, otos- treatment standards. These or at Ports such as baseline monitoring re- al and Contin dares shall include provision for at ports. 90-day compliance reports, peri- .al noncompliance least annual Public notification, in the odic self-monitoring reports, and re- Prrep Pretreatment standards. tareffludard. Inspect ct largest daily newspaper published in ports on compliance with compliance ificant Industrial User at least t the municipality in which the POTW schedules; D is located, of industrial users which, at (G)Failure to accurately report non- - a Year. Evaluate, at least once any time during the previous twelve compliance; Y two Years, whether each such r months,were in significant noncompli- (H) Any other violation or group of ificant Industrial User needs a ante with applicable pretreatment re- violations which the Control Author- to control slug discharges. For airements. For the purposes of this ity determines will adversely affect uses Of this subsection, a slug dis- Provision, an industrial user is in sig- the operation or implementation Of ge is any discharge of a non-rou- -W nificant noncompliance if its violation the local pretreatment Program. episodic nature,including but not meets one or more of the following cri- (3) Funding. The POTW shall have ed to an accidental spill or a non- teria: sufficient resources and qualified per- 'Mary batch discharge. The re- (A) Chronic violations of wastewater sonnel to carry out the authorities and of such activities shall be avail- discharge limits, defined here as those procedures described in paragraphs(f) to the Approval Authority upon in which sixty-six percent or more of (1)and(2)of this section.In some lim- st. If the POTW decides that a all of the measurements taken during ited circumstances, funding and per - eontrol plan is needed, the plan } a six-month Period exceed (by any sonnel may be delayed where (i) the contain- ata minimum, the fol- magnitude) the daily maximum limit POTW has adequate IeBal authority g elements: or the average limit for the same pol- and procedures to carry out the Pre- Description of discharge prat- lutant parameter; treatment Program requirements de- including non-routine batch dis- (B)Technical Review Criteria(TRC) scribed in this section, and (ii) a limit- es; violations, defined here as those in ed aspect of the Program does not Description of stored chemicals; which thirty-three percent or more of need to be implemented immediately Procedures for immediately noti- all of the measurements for each pol- (see $403.9(b)). the POTW of slug discharges,in- lutant parameter taken during a six- (4) Local limits. The POTW shall 9 any discharge that would vio. month period equal or exceed the develop local limits as required in a prohibition under 40 CFR product of the daily maximum limit or $403.5(c)(1), or demonstrate that they 3), with procedures for follow-upthe average limit multiplied by the ap- are not necessary. - - n notification within five days; - Plicable TRC (TRC=1.4 for BOD, (5)The POTW shall develop ar.�' im If necessary, Procedures to pre- TSS, fats, oil, and grease, and 1.2 for plement an enforcement response adverse impact from accidental all other pollutants except pH. plan. This Plan shall contain detailed including inspection and mainte- (C) Any other violation of a pre- procedures indicating how a POTW of storage areas, handling and treatment effluent limit (dally maxi- diwill investigate and respond to in- �r of materials, loading and un- - mum or longer-term average) that the stances of industrial user noncomph- operations• control of plant Control Authority determines has ante.The Plan shall,at a minimum: n-off, worker training, building L caused, alone or in combination with (f) Describe how the POTW will in- ;tainment structures or equip- other discharges, interference or pass vestigate instances of noncompliance; measures for containing toxo P through (including endangering the (ii) Describe the types of escalating - Pollutants (including sol- health of POTW personnel or the gen- enforcement responses the POTW will and/or measures and equip- �' eral public); take in response to all anticipated 3r emergency response; ar (D) Any discharge of a pollutant types of industrial user violations and nvestigate instances of noncom- r that has caused imminent endanger- the time periods within which re- with Pretreatment Standards meat to human health, welfare or to sponses will take place; qun'ements, as indicated in the the environment or has resulted in the (iii) Identify (by title) the official(s) and notices required under POTW's exercise of its emergency au- responsible for each type of response; or indicated by analysis, in- thority under paragraph (f)(1)(vi)(B) (iv) Adequately reflect the POTW's and surveillance activities de- of this section to halt or prevent such primary responsibility to enforce all in Paragraph (f)(2)(v) of this a discharge; applicable pretreatment requirements Sample taking and analysis (E) Pallor to meet. within 90 days and standards, as detailed in 40 CFR e collection of other informs- after the schedule date, a compliance 403.8(f)(1)and(f)(2). all be Performed with sufficient schedule milestone contained in a (6)The POTW shall prepare a list of Produce evidence admissible in local control mechanism or enforce- its industrial users meeting the crite- 29