R 323.2307
R 323.2307 Publicly owned treatment works' pretreatment programs; submissions for approval.
Cite as Mich. Admin. Code R 323.2307
Rule 7. (1) A publicly owned treatment works shall submit a complete pretreatment
program to the approval authority as required by its permit or by order of the department.
The pretreatment program shall contain all of the following information:
(a) A statement from the municipal attorney or a city official acting in a comparable
capacity, or the attorney for a publicly owned treatment works that has independent legal
counsel, that the publicly owned treatment works has adequate authority to carry out the
program described in R 323.2306. The statement shall identify all of the following:
(i) The provision of legal authority under R 323.2306(a) that provides the basis for each
procedure under R 323.2306(b).
(ii) The manner in which the publicly owned treatment works will implement the program
requirements set forth in R 323.2306(a), including the means by which pretreatment
standards will be applied to individual nondomestic users by permit.
(iii) How the publicly owned treatment works intends to ensure compliance with
pretreatment standards and requirements and to enforce them in the event of
noncompliance by nondomestic users.
(b) A copy of any statutes, ordinances, regulations, agreements, or other authorities relied
upon by the publicly owned treatment works for its administration of the program. The
submission shall include a statement reflecting the endorsement or approval of the local
boards or bodies responsible for supervising or funding the publicly owned treatment
works' pretreatment program if approved.
(c) A brief description, including organization charts, of the publicly owned treatment
works' organization that will administer the pretreatment program. If more than 1 agency
is responsible for administration of the program, the responsible agencies shall be
identified, their respective responsibilities delineated, and their procedures for coordination
set forth.
(d) A description of the funding levels and full- and part-time manpower available to
implement the program.
(2) A request for authority to revise categorical pretreatment standards for removal credits
shall contain the information required in R 323.2313(a).
(3) Any publicly owned treatment works requesting publicly owned treatment works'
pretreatment program approval shall submit to the approval authority 3 copies of the
submission described in subrule (1) and, if appropriate, subrule (2) of this rule. Within 60
days after receiving the submission, the approval authority shall make a preliminary
determination of whether the submission meets the requirements of subrule (1) and, if
appropriate, subrule (2) of this rule. If the approval authority makes the preliminary
determination that the submission meets these requirements, the approval authority shall
do both of the following:
(a) Notify the publicly owned treatment works that the submission has been received and
is under review.
(b) Commence the public notice and evaluation activities set forth in R 323.2308.
(4) If, after review of the submission as provided for in subrule (3) of this rule, the
approval authority determines that the submission does not comply with the requirements
of subrule (1) and, if appropriate, subrule (2) of this rule, the approval authority shall
provide notice, in writing, to the applying publicly owned treatment works and each person
who has requested individual notice. The notification shall identify any defects in the
submission and advise the publicly owned treatment works and each person who has
requested individual notice of the means by which the publicly owned treatment works can
comply with the applicable requirements of subrule (1) and, if appropriate, subrule (2) of
this rule.