[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR403.9]

[Page 30-31]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 403--GENERAL PRETREAT- MENT REGULATIONS FOR EXISTING AND NEW SOURCES OF POLLUTION--Table of Contents
 
Sec. 403.9  POTW pretreatment programs and/or authorization to revise pretreatment standards: Submission for approval.

    (a) Who approves Program. A POTW requesting approval of a POTW 
Pretreatment Program shall develop a program description which includes 
the information set forth in paragraphs (b)(1) through (4) of this 
section. This description shall be submitted to the Approval Authority 
which will make a determination on the request for program approval in 
accordance with the procedures described in Sec. 403.11.
    (b) Contents of POTW program submission. The program description 
must contain the following information:
    (1) A statement from the City Solicitor or a city official acting in 
a comparable capacity (or the attorney for those POTWs which have 
independent legal counsel) that the POTW has authority adequate to carry 
out the programs described in Sec. 403.8. This statement shall:
    (i) Identify the provision of the legal authority under 
Sec. 403.8(f)(1) which provides the basis for each procedure under 
Sec. 403.8(f)(2);
    (ii) Identify the manner in which the POTW will implement the 
program requirements set forth in Sec. 403.8, including the means by 
which Pretreatment Standards will be applied to individual Industrial 
Users (e.g., by order, permit, ordinance, etc.); and,
    (iii) Identify how the POTW intends to ensure compliance with 
Pretreatment Standards and Requirements, and to enforce them in the 
event of noncompliance by Industrial Users;
    (2) A copy of any statutes, ordinances, regulations, agreements, or 
other authorities relied upon by the POTW for its administration of the 
Program. This Submission shall include a statement reflecting the 
endorsement or approval of the local boards or bodies responsible for 
supervising and/or funding the POTW Pretreatment Program if approved;
    (3) A brief description (including organization charts) of the POTW 
organization which will administer the Pretreatment Program. If more 
than one agency is responsible for administration of the Program the 
responsible agencies should be identified, their respective 
responsibilities delineated, and their procedures for coordination set 
forth; and
    (4) A description of the funding levels and full- and part-time 
manpower available to implement the Program;
    (c) Conditional POTW program approval. The POTW may request 
conditional approval of the Pretreatment Program pending the acquisition 
of funding and personnel for certain elements of the Program. The 
request for conditional approval must meet the requirements set forth in 
paragraph (b) of this section except that the requirements of paragraph 
(b) of this section, may be relaxed if the Submission demonstrates that:
    (1) A limited aspect of the Program does not need to be implemented 
immediately;
    (2) The POTW had adequate legal authority and procedures to carry 
out those aspects of the Program which

[[Page 31]]

will not be implemented immediately; and
    (3) Funding and personnel for the Program aspects to be implemented 
at a later date will be available when needed. The POTW will describe in 
the Submission the mechanism by which this funding will be acquired. 
Upon receipt of a request for conditional approval, the Approval 
Authority will establish a fixed date for the acquisition of the needed 
funding and personnel. If funding is not acquired by this date, the 
conditional approval of the POTW Pretreatment Program and any removal 
allowances granted to the POTW, may be modified or withdrawn.
    (d) Content of removal allowance submission. The request for 
authority to revise categorical Pretreatment Standards must contain the 
information required in Sec. 403.7(d).
    (e) Approval authority action. Any POTW requesting POTW Pretreatment 
Program approval shall submit to the Approval Authority three copies of 
the Submission described in paragraph (b), and if appropriate, (d) of 
this section. Within 60 days after receiving the Submission, the 
Approval Authority shall make a preliminary determination of whether the 
Submission meets the requirements of paragraph (b) and, if appropriate, 
(d) of this section. If the Approval Authority makes the preliminary 
determination that the Submission meets these requirements, the Approval 
Authority shall:
    (1) Notify the POTW that the Submission has been received and is 
under review; and
    (2) Commence the public notice and evaluation activities set forth 
in Sec. 403.11.
    (f) Notification where submission is defective. If, after review of 
the Submission as provided for in paragraph (e) of this section, the 
Approval Authority determines that the Submission does not comply with 
the requirements of paragraph (b) or (c) of this section, and, if 
appropriate, paragraph (d), of this section, the Approval Authority 
shall provide notice in writing to the applying POTW and each person who 
has requested individual notice. This notification shall identify any 
defects in the Submission and advise the POTW and each person who has 
requested individual notice of the means by which the POTW can comply 
with the applicable requirements of paragraphs (b), (c) of this section, 
and, if appropriate, paragraph (d) of this section.
    (g) Consistency with water quality management plans. (1) In order to 
be approved the POTW Pretreatment Program shall be consistent with any 
approved water quality management plan developed in accordance with 40 
CFR parts 130, 131, as revised, where such 208 plan includes Management 
Agency designations and addresses pretreatment in a manner consistent 
with 40 CFR part 403. In order to assure such consistency the Approval 
Authority shall solicit the review and comment of the appropriate 208 
Planning Agency during the public comment period provided for in 
Sec. 403.11(b)(1)(ii) prior to approval or disapproval of the Program.
    (2) Where no 208 plan has been approved or where a plan has been 
approved but lacks Management Agency designations and/or does not 
address pretreatment in a manner consistent with this regulation, the 
Approval Authority shall nevertheless solicit the review and comment of 
the appropriate 208 planning agency.

[53 FR 9439, Jan. 28, 1981, as amended at 53 FR 40612, Oct. 17, 1988; 58 
FR 18017, Apr. 7, 1993]