(1) A POTW requesting approval of a POTW pretreatment program shall develop a program description which includes the information set forth in (2) of this rule.   This description must be submitted to the department who will make a determination on the request for program approval in accordance with the procedure described in ARM 17.30.1413.

(2) (a) The program submission must contain a statement from the city attorney or a city official acting in comparable capacity, or the attorney for those POTW's which have independent legal counsel, that the POTW has authority adequate to carry out the programs described in ARM 17.30.1411.   This statement must:

(i) identify the legal authority under ARM 17.30.1411(6) (a) which provides the basis for each procedure under ARM 17.30.1411(6) (b) ;

(ii) identify the manner in which the POTW will implement the program requirements set forth in ARM 17.30.1411, including the means by which pretreatment standards will be applied to individual industrial users; 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.

(b) The program submission must contain a copy of any statutes, ordinances, regulations, agreements, or other authorities relied upon by the POTW for its administration of the program.   This submission must 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.

(c) The program submission must contain a brief description, including organization charges, of the POTW organization which will administer the pretreatment program.   If more than 1 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.

(d) The program description must contain a description of the funding levels and full and part-time manpower available to implement the program.

(3) 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 of (2) of this rule except that the requirements of this rule may be relaxed if the submission demonstrates that:

(a) a limited aspect of the program does not need to be implemented immediately;

(b) the POTW had adequate legal authority and procedures to carry out those aspects of the program which will not be implemented immediately; and

(c) funding and personnel for the program aspects to be implemented at a later date will be available when needed.   The POTW shall describe in the submission the mechanism by which this funding will be acquired.   Upon receipt of a request for conditional approval, the department 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.

(4) The request for authority to revise categorical pretreatment standards must contain the information required in 40 CFR 403.7 (adopted by reference in ARM 17.30.1410) .

(5) A POTW requesting POTW pretreatment program approval shall submit to the department 3 copies of the submission described in (2) and, if appropriate, (4) , of this rule.   Within 60 days after receiving the submission, the department shall make a determination of whether the submission meets the requirements of (2) and, if appropriate, (4) of this rule.   Upon a preliminary determination that the submission meets the requirements of this rule, the department will:

(a) notify the POTW that the submission has been received and is under review; and

(b) commence the public notice and evaluation activities set forth in ARM 17.30.1413.

(6) If, after review of the submission as provided for in (5) of this rule, the department determines that the submission does not comply with the requirements of (2) , (3) , and, if appropriate, (4) of this rule, the department will provide notice in writing to the applying POTW and each person who has requested individual notice.   This notification must identify any defects in the submission and advise of the means by which the POTW can comply with the applicable requirements of (2) , (3) , and, if appropriate, (4) of this rule.

(7) (a) In order to be approved, the POTW pretreatment program must be consistent with any approved water quality management plan developed in accordance with 40 CFR Parts 130 and 131, when the CWA section 208 plan includes management agency designations and addresses pretreatment in a manner consistent with this subchapter.   In order to assure such consistency, the department will solicit the review and comment of the appropriate CWA section 208 planning agency during the public comment period provided for in ARM 17.30.1413(2) (a) (ii) prior to approval or disapproval of the program.

(b) Where no 208 plan has been approved or when a plan has been approved but lacks management agency designations and/or does not address pretreatment in a manner consistent with this subchapter, the department will solicit the review and comment of the appropriate 208 planning agency.