Update legal authority to incorporate Pretreatment Streamlining Regulations Implement modified legal authority in permit template, ERP, Sampling plans Local limits should be incorporated into the municipal ordinance
The Outside Contributing Jurisdiction agreement has not been updated since the original date of agreement in 1976. The District is required to revisit the intergovernmental agreement to ensure the District has adequate authority to implement pretreatment regulations. The City is required to evaluate the ordinances for ABC and XYZ Sanitation Districts to ensure they are consistent with the City s municipal ordinance recently approved and public noticed by EPA.
Update local limits records do not document technical basis Significant change in service area NPDES Permit issuance - 40 CFR 122.44(j)(2)(ii) technical evaluation of local limits following permit issuance or reissuance. Change in Standards - NPDES permit, Water Quality The City is required to ensure facilities are reporting appropriate flow data for the sampling event for those permits that have mass loading limits. The City is required to ensure that the establishment of any new limit, including site-specific permit limits undergo the appropriate approvals and public notice. Alternatively, the City should consider adopting these limits into its municipal ordinance. Technically-based local limits and ordinance limits (BTEX, OG, TPH) Ensure local limits are developed or referenced in a permit for the pollutants of concern
The City is required to survey and inspect new and existing facilities within its service area, including contributing jurisdictions, to identify, characterize, and notify industrial users. The City is required to verify if the Maximum Allowable Industrial Loadings adopted in 2007 are protective after all unknown SIUs are identified and controlled from the Industrial Waste Survey and Initial Inspection program. The City is required to immediately control XYZ Powder Coatings, a metal finisher that has been operating in the service area without a Pretreatment control mechanism for a significant number of years
The City is required to evaluate its staffing levels, resource allocation to the Pretreatment program (both short term and long term), budget levels, sampling equipment and storage, vehicle needs, and general organization of the Pretreatment Program
The permit template needs to be updated to include permit condition language found in 40 CFR Part 403.8(f)(1)(B)(1-6) of the General Pretreatment Regulations. The City shall not establish new limits, outside of the scope of the EPA-approved legal authority, within permits or other procedural documents without appropriate public notice and EPA notification. Ensure issued permits are consistently signed and dated. Update XYZ Permit to adequately address the flowproportional sampling at MP 001.
The City is required to evaluate XYZ during the permit reissuance to ensure all categorical and other significant processes are addressed in the reissued permit. The permit template contains an administrative extension provision that allows the permit to be issued for longer than 5 years, which is not allowed in the Pretreatment regulations. The permit expired on May 19, 2010 and has not been administratively extended by the City. The facility failed to submit a permit application and is discharging without a valid permit, which EPA considers to be significant violations.
The City shall require permitted Significant Industrial Users (SIUs) to submit the certification statement found in 40 CFR 403.6(a)(ii) with every compliance report. The 1 st Quarter 2007 compliance report for XYZ was due on April 21, 2007. The complete report was not delivered until June 8, 2007. (More than 30 days past the deadline date, subject to SNC.) The City is required to ensure all reported data is evaluated for compliance
The City shall cease the practice of allowing the permitting SIUs to perform the Control Authority sampling. The City did not sample its permitted SIUs in 2008. The City is required to ensure the control authority sampling events are adequately documented. The City is required to evaluate the Control Authority sampling at each permitted SIU and develop a sampling protocol.
The City is required to provide adequate narrative in its inspection reports Chemical Storage/handling/transfer IU production or service Wastestream Generation Waste Storage Wastewater treatment or management Accidental Spill and Slug Discharge potential The City is required to ensure the floor drain at XYZ Powder Coating, a zero discharge permittee, is permanently capped and sealed to ensure there is no potential for a discharge of process wastewater to the sanitary sewer.
The City is required to update its ERP to include enforcement actions for SNC. The City is required to update its Enforcement Response Plan to reflect the recent ordinance modifications. The City is required to ensure that issued Notices of Violation and Findings of Violations required the facility to respond within an appropriate time period. The response shall include appropriate measures to mitigate the non-compliance. EPA found no documentation that the facility reported the permit violation within 24 hours or submitted a written report within 5 days, all violations of permit conditions. The City is required to document all SNC determinations, including the determination of SNC based on narrative criteria
Al Garcia 303.312.6382 garcia.al@epa.gov