(1) "Control authority" as it is used in this rule means the POTW, if the POTW's submission for its pretreatment program has been approved, or the department if the submission has not been approved.

(2) Within 180 days after the effective date of a categorical pretreatment standard or 180 days after the final administrative decision made upon a category determination submission under ARM 17.30.1407, whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to a POTW must submit to the control authority a report which contains the information listed in (a) -(g) below.   Where reports containing this information have already been submitted to the department, the industrial user is not required to submit this information again.   At least 90 days prior to commencement of the discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical standard must submit to the control authority a report which contains the information listed in (a) -(g) below. New sources must also include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards.   New sources must give estimates of the information requested in (d) and (e) below.   The user shall:

(a) submit the name and address of the facility, including the name of the operator and owners;

(b) submit a list of any environmental control permits held by or for the facility;

(c) submit a brief description of the nature, average rate of production, and standard industrial classification of the operation carried out by the industrial user.   This description should include a schematic processes diagram which indicates points of discharge to the POTW from the regulated process;

(d) submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:   regulated process streams and other streams as necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e) .   The control authority may allow for verifiable estimates of these flows where justified by cost or feasibility considerations;

(e) (i) identify the pretreatment standards applicable to each regulated process;

(ii) submit the results of sampling and analysis identifying the nature and concentration, or mass, of regulated pollutants in the discharge from each regulated process when required by the control authority.   Both daily maximum and average concentration or mass, where required, must be reported. The sample must be representative of daily operations;

(iii) a minimum of 4 grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics.   For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible.   The control authority may waive flow-proportional composite sampling for any industrial user that demonstrates that flow-proportional sampling is infeasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through a minimum of 4 grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged;

(iv) take a minimum of 1 representative sample to compile that data necessary to comply with the requirements of this section;

(v) take samples immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists.   If other waste-waters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined waste-stream formula of 40 CFR 403.6(e) in order to evaluate compliance with the pretreatment standards.   When an alternate concentration or mass limit has been calculated in accordance with the combined wastestream formula of 40 CFR 403.6(e) , this adjusted limit along with supporting data must be submitted to the control authority;

(vi) perform sampling and analysis in accordance with the techniques prescribed in 40 CFR 136 and amendments thereto.   When 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, or when the EPA determines that the 40 CFR sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis must be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the department;

(vii) submit a baseline report that indicates the time, date, and place of sampling, and methods of analysis, and that certifies such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW;

(viii) if the department allows it, the baseline report may utilize only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

(f) submit a statement, reviewed by an authorized representative of the industrial user and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements; and

(g) if additional pretreatment and/or operation and maintenance are required to meet the pretreatment standards, submit the shortest schedule by which the industrial user will provide such additional pretreatment and/or operation and maintenance.   The completion date in this schedule must not be later than the compliance date established for the applicable pretreatment standard.

(i) When the industrial user's categorical pretreatment standard has been modified by a removal allowance under ARM 17.30.1410 or the combined wastestream formula at the time the user submits the report required by this section (2) , the information required by (f) and (g) above must pertain to the modified limits.

(ii) If the categorical pretreatment standard is modified by a removal allowance under ARM 17.30.1410, by use of a combined wastestream formula, or by a fundamentally different factor or variance, after the user submits the report required by this section (2) , any necessary amendments to the information requested by (f) and (g) above must be submitted by the user to the control authority within 60 days after the modified limit is approved.

(3) The following conditions apply to the schedule required by (2) (g) of this rule:

(a) the schedule must contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable categorical pretreatment standards;

(b) no increment referred to in (a) above may exceed 9 months;

(c) not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the control authority including, at a minimum, whether or not it complied with the increment of progress to be met on that date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established.   In no event may more than 9 months elapse between such progress reports to the control authority.

(4) Within 90 days following the date for final compliance with applicable categorical pretreatment standards or in the case of a new source following commencement of the introduction of wastewater into the POTW, any industrial user subject to pretreatment standards and requirements shall submit to the control authority a report containing the information described in (2) (a) -(f) of this rule.   For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in 40 CFR 403.6(c) , this report shall contain a reasonable measure of the user's long term production rate.   For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation) , this report shall include the user's actual production during the appropriate sampling period.

(5) (a)  Any industrial user subject to a categorical pretreatment standard after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the control authority during the months of June and December, unless required more frequently in the pretreatment standard or by the control authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards.   In addition, this report must include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in (2) (d) of this rule except that the control authority may require more detailed reporting of flows. At the discretion of the control authority and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the control authority may agree to alter the months during which the above reports are to be submitted.

(b) When the control authority has imposed mass limitations on industrial users as provided by ARM 17.30.1407, the report required by (a) above must indicate the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user.

(c) For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in 40 CFR 403.6(c) , the report required by (a) above shall contain a reasonable measure of the user's long term production rate.   For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation) , the report required by (a) above shall include the user's actual average production rate for the reporting period.

(6) The industrial user shall notify the POTW immediately of all discharges that could cause problems to the POTW, including any slug loading, as defined by ARM 17.30.1406, by the industrial user.

(7) The reports required in (2) (e) , (4) and (5) of this rule must contain the results of sampling and analysis of the discharge, including the flow, the nature and concentration, or production and mass where requested by the control authority, of pollutants contained therein which are limited by the applicable pretreatment standards.

(a) This sampling and analysis may be performed by the control authority in lieu of the industrial user.   Where the POTW performs the required sampling and analysis in lieu of the industrial user, the user will not be required to submit the compliance certification required under ARM 17.30.1414(2) (f) and 40 CFR 403.12(d) .   In addition, where the POTW itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report.

(b) If sampling performed by an industrial user indicates a violation, the user shall notify the control authority within 24 hours of becoming aware of the violation.   The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation, except the industrial user is not required to resample if:

(i) the control authority performs sampling at the industrial user at a frequency of at least once per month, or

(ii) the control authority performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.

(8) The reports required in (5) of this rule shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period.   The control authority shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.

(9) All analysis shall be performed in accordance with procedures established by the administrator pursuant to section 304(h) of the Clean Water Act and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the administrator. (See 40 CFR 136.4 and 136.5.) Sampling shall be performed in accordance with the techniques approved by the administrator.   Where 40 CFR Part 136 does not include sampling or analytical techniques for the pollutants in question, or where the administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the administrator.

(10) If an industrial user subject to the reporting requirement in (5) of this rule monitors any pollutant more frequently than required by the control authority, using the procedures prescribed in (9) of this rule, the results of this monitoring shall be included in the report.

(11) The control authority shall require appropriate reporting from those industrial users with discharges that are not subject to categorical pretreatment standards.   Significant noncategorical industrial users shall submit to the control authority at least once every 6 months (on dates specified by the control authority) a description of the nature, concentration, and flow of the pollutants required to be reported by the control authority.   These reports must be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in 40 CFR part 136, (July 1, 1991) .   Where 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis must be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other persons, approved by the EPA.   This sampling and analysis may be performed by the control authority in lieu of the significant noncategorical industrial user.   Where the POTW itself collects all the information required for the report, the noncategorical significant industrial user will not be required to submit the report.

(12) POTWs with approved pretreatment programs shall provide the department with a report that briefly describes the POTW's program activities, including activities of all participating agencies, if more than one jurisdiction is involved in the local program.   The report required by this section shall be submitted no later than 1 year after approval of the POTW's pretreatment program, and at least annually thereafter, and shall include, at a minimum, the following:

(a) an updated list of the POTW's industrial users, including their names and addresses, or a list of deletions and additions keyed to a previously submitted list.   The POTW shall provide a brief explanation of each deletion.   This list shall identify which industrial users are subject to categorical pretreatment standards and specify which standards are applicable to each industrial user.   The list shall indicate which industrial users are subject to local standards that are more stringent than the categorical pretreatment standards.   The

POTW shall also list the industrial users that are subject only to local requirements;

(b) a summary of the status of industrial user compliance over the reporting period;

(c) a summary of compliance and enforcement activities (including inspections) conducted by the POTW during the reporting period; and

(d) any other relevant information requested by the approval authority.

(13) All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p) .

(14) The following conditions and reporting requirements apply to the compliance schedule for development of an approvable POTW pretreatment program required by ARM 17.30.1411:

(a) the schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the development and implementation of a POTW pretreatment program (e.g., acquiring required authorities, developing funding mechanisms, acquiring equipment) ;

(b) no increment referred to in (a) above shall exceed 9 months;

(c) not later than 14 days following each date in the schedule and the final date for compliance, the POTW shall submit a progress report to the approval authority including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps taken by the POTW to return to the schedule established.   In no event shall more than 9 months elapse between such progress reports to the approval authority.

(15) The reports required by (2) , (4) , and (5) of this rule shall include the certification statement as set forth in 40 CFR 403.6(a) (2) (ii) , and shall be signed as follows:

(a) By a responsible corporate officer, if the industrial user submitting the reports required by (2) , (4) , and (5) of this rule is a corporation.   For the purpose of this section, a responsible corporate officer means:

(i) a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation; or

(ii) the manager of 1 or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars) , if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(b) By a general partner or proprietor if the industrial user submitting the reports required by (2) , (4) , and (5) of this rule is a partnership or sole proprietorship respectively.

(c) By a duly authorized representative of the individual designated in (1) (a) or (b) of this rule if:

(i) the authorization is made in writing by the individual described in (1) (a) or (b) of this rule;

(ii) the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and

(iii) the written authorization is submitted to the control authority.

(d) If an authorization under (c) above is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of (c) above must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.

(16) Reports submitted to the department by the POTW in accordance with (13) of this rule must be signed by a principal executive officer, ranking elected official, or other duly authorized employee if the employee is responsible for overall operation of the POTW.

(17) The reports and other documents required to be submitted or maintained under this section are subject to state law relating to fraud and false statements.

(18) The reports required by (2) , (4) , (5) , (8) , (9) , and (10) of this rule are subject to the Montana Water Quality Act as amended and all other state and federal laws pertaining to fraud and false statements.

(19) (a) Any industrial user and POTW subject to the reporting requirements established in this rule shall maintain records of all information resulting from any monitoring activities required by this subchapter.   Such records must include for all samples:

(i) the date, exact place, method, and time of sampling, and the names of the person or persons taking the samples;

(ii) the dates analyses were performed;

(iii) who performed the analyses;

(iv) the analytical techniques or methods use; and

(v) the results of the analyses.

(b) Any industrial user or POTW subject to these reporting requirements established shall retain for a minimum of 3 years any records of monitoring activities and results, whether or not such monitoring activities are required by this subchapter, and shall make such records available for inspection and copying by the department, the United States environmental protection agency, and the POTW in the case of an industrial user.   This period of retention is extended during the course of any unresolved litigation regarding the industrial user or POTW or when requested by the department.

(c) A POTW to which reports are submitted by an industrial user pursuant to (2) , (4) , and (5) of this rule shall retain such reports for a minimum of 3 years and shall make such reports available for inspection and copying by the department or the United States environmental protection agency.   This period of retention is extended during the course of any unresolved litigation regarding the discharge of pollutants by the industrial user or the operation of the POTW pretreatment program or when requested by the department.

(20) (a) The industrial user shall notify the POTW, the department, and the EPA regional waste management division director, in writing, of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under ARM Title 17, chapter 54, subchapter 3.   The notification must include the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other) .   If the industrial user discharges more than 100 kilograms of the hazardous waste per calendar month to the POTW, the notification must also contain the following information to the extent the information is known and readily available to the industrial user:   An identification of the hazardous constituents contained in the wastes, an estimate of the mass and concentration of the constituents in the wastestream discharged during that calendar month, and an estimate of the mass of constituents in the wastestream expected to be discharged during the following 12 months.   All notifications must take place within 180 days of the effective date of this rule.   Industrial users who commence discharging after the effective date of this rule shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste.   Any notification under this paragraph must be submitted only once for each hazardous waste discharged.   However, notifications of changed discharges must be submitted under (13) of this rule.   The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of (2) , (4) , and (5) of this rule.

(b) Dischargers are exempt from the requirements of (a) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and ARM 17.54.333(1) (e) .   Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of hazardous wastes as specified in 40 CFR 261.30(d) and ARM 17.54.333(1) (e) , requires a 1-time notification.   Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.

(c) If any new regulations promulgated under section 3001 of the federal Resource Conservation and Recovery Act (RCRA) identify additional characteristics of hazardous waste or list any additional substance as a hazardous waste, the industrial user must notify the POTW and the department of the discharge of such substance within 90 days of the effective date of such regulations.

(d) If any notification is made under this section (20) , the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

(21) The board hereby adopts and incorporates by reference 40 CFR part 136 (guidelines establishing test procedures for the analysis of pollutants) (July 1, 1991) , and 40 CFR part 261 (identification and listing of hazardous waste) (July 1, 1991) . Copies of these materials may be obtained from the Department of Environmental Quality, PO Box 200901, Helena, MT 59620-0901.