R 323.2309 Modification of publicly owned treatment works' pretreatment programs.

Rule 9. (1) Either the approval authority or a publicly owned treatment works that has an approved publicly owned treatment works' pretreatment program may initiate program modification at any time to reflect changes. Program modification is necessary when there is a significant change in the operation in the publicly owned treatment works' pretreatment program that differs from the information in the publicly owned treatment works' submission, as approved under R 323.2308. (2) Publicly owned treatment works' pretreatment program modifications shall be accomplished as follows: (a) For substantial modifications, as defined in subrule (3) of this rule, the following provisions shall be complied with: (i) The publicly owned treatment works shall submit, to the approval authority, a statement of the basis for the desired modification, a modified program description (see R 323.2307(1)), or other documents that the approval authority determines to be necessary under the circumstances. (ii) The approval authority shall approve or disapprove the federal industrial pretreatment program modification based on the requirements of R 323.2306 following the procedures in R 323.2308. The approval authority shall approve or disapprove the Michigan industrial pretreatment program modification. (iii) The federal industrial pretreatment program modification shall be incorporated into the publicly owned treatment works' national pollutant discharge elimination system permit after approval. The permit will be modified to incorporate the approved modification in accordance with 40 C.F.R. §122.63(g) (1990). Michigan industrial pretreatment program modifications will be incorporated at the time of permit reissuance or modification. (iv) The modification shall become effective upon approval by the approval authority. Notice of the federal industrial pretreatment program approval shall be published in the same newspaper as the notice of the original request for approval of the modification under R 323.2308(3). (b) The publicly owned treatment works shall notify, in a statement similar to that provided for in subdivision (a)(i) of this subrule, the approval authority of any other nonsubstantial modifications to its federal industrial pretreatment program not less than 30 days before they are to be implemented by the publicly owned treatment works. The nonsubstantial program modifications shall be deemed to be approved by the approval authority 90 days after the submission of the publicly owned treatment works' statement, unless the approval authority determines that a modification submitted is a substantial modification. Following approval by the approval authority, the modifications shall be incorporated into the publicly owned treatment works' permit in accordance with 40 C.F.R. §122.63(g) (1990). If the approval authority determines that a modification reported by a publicly owned treatment works in its statement is a substantial modification, the approval authority shall notify the publicly owned treatment works and initiate the procedures in subdivision (a) of this rule. (3) The following are substantial modifications for purposes of this section: (a) Changes to the publicly owned treatment works' legal authorities. (b) Changes to local limits that result in less stringent local limits. (c) Change to the publicly owned treatment works' nondomestic user permit procedure, as described in R 323.2306(a)(iii). (d) Changes to the publicly owned treatment works' method for implementing categorical pretreatment standards. (e) A decrease in the frequency of self-monitoring or reporting required of nondomestic users. (f) A decrease in the frequency of nondomestic user inspections or sampling by the publicly owned treatment works. (g) Changes to the publicly owned treatment works' confidentiality procedures. (h) Significant reductions in the publicly owned treatment works' pretreatment program resources, including personnel commitments, equipment, and funding levels. (i) Changes in the publicly owned treatment works' sludge disposal and management practices. (4) The approval authority may designate other specific modifications, in addition to those listed in subrule (3) of this rule, as substantial modifications. (5) A modification that is not included in subrule (3) of this rule is a substantial modification for purposes of this rule if any of the following provisions apply to the modification: (a) It would have a significant impact on the operation of the publicly owned treatment works' pretreatment program. (b) It would result in an increase in pollutant loadings at the publicly owned treatment works. (c) It would result in less stringent requirements being imposed on nondomestic users of the publicly owned treatment works.