(a) The Regional Administrator is authorized to provide grant assistance for the development of an approvable municipal pretreatment program as required by part 403 of this chapter in conjunction with a step 1, step 2, or step 3 project.
(b) The grantee is required to develop a pretreatment program if the Regional Administrator determines that:
(1) The municipal treatment works:
(i) Serves industries subject to proposed or promulgated pretreatment standards under section 307(b) of the Act, or
(ii) Expects to serve industries connecting into the works in accordance with section 301(i)(2), where these industries are subject to the section 307 (b) or (c) standards: and
(2) A work plan under a section 208 planning grant has not provided for the development of a program approvable under part 403 of this chapter.
(c) A pretreatment program may be required for municipal treatment works which receive other nondomestic wastes covered by guidance issued under section 304(g) of the Act.
(d) Development of an approvable municipal pretreatment program under part 403 of this chapter shall include:
(1) An industrial survey as required by § 403.8 of this chapter including identification of system users, the character and volume of pollutants discharged, type of industry, location (see paragraph (f) of this section);
(2) An evaluation of legal authority, including adequacy of enabling legislation, and selection of mechanisms to be used for control and enforcement (e.g., ordinance, joint powers agreement, contract);
(3) An evaluation of financial programs and revenue sources to insure adequate funding to carry out the pretreatment program;
(4) A determination of technical information necessary to support development of an industrial waste ordinance or other means of enforcing pretreatment standards;
(5) Design of a monitoring enforcement program;
(6) A determination of pollutant removals in existing treatment works;
(7) A determination of the treatment works tolerance to pollutants which interfere with its operation, sludge use, or disposal;
(8) A determination of required monitoring equipment for the municipal treatment works;
(9) A determination of municipal facilities to be constructed for monitoring or analysis of industrial waste.
(e) Items (d) (6) and (7) of this section are grant eligible if necessary for the proper design or operation of the municipal treatment works but are not grant eligible when performed solely for the purpose of seeking an allowance for removal of pollutants under § 403.7 of this chapter.
(f) Information concerning the character and volume of pollutants discharged by industry to a municipal treatment works is to be provided to the municipality by the industrial discharger under paragraph (d)(1) of this section. However, the costs of a limited amount of end-of-pipe sampling and associated analysis of industrial discharges to a municipal treatment works properly allocable to the municipality are allowable if the grantee obtains the prior written approval of the Regional Administrator; see § 35.940-3(f).
(g) The pretreatment program developed under paragraph (b) of this section is subject to the Regional Administrator's approval under § 35.935-19 and must be implemented in accordance with part 403 of this chapter.
Title 40 published on 2014-07-01
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