(1) Either the department or a POTW with an
approved POTW pretreatment program may initiate program modification at any
time to reflect changing conditions at the POTW. Program modification is necessary whenever there is a significant
change in the operation of a POTW pretreatment program that differs from the
information in the POTW's submission, as approved under ARM 17.30.1413.
(2) POTW pretreatment program modifications must
be accomplished as follows:
(a) For substantial modifications, as defined in
(3) of this rule:
(i) The POTW shall submit to the department a
statement of the basis for the desired modification, a modified program
description (see ARM 17.30.1412(2) ) , or such other documents the department
determines to be necessary under the circumstances.
(ii) The department shall approve or disapprove the
modification based on the requirements of ARM 17.30.1411(6) following the
procedures in ARM 17.30.1413(2) -(6) .
(iii) The modification shall be incorporated into the POTW's NPDES permit after
approval. The permit will be modified
to incorporate the approved modification in accordance with ARM 17.30.1362.
(iv) The modification shall become effective upon
approval by the department. Notice of
approval shall be published in the same newspaper as the notice of the original
request for approval of the modification under ARM 17.30.1413(2) (a) (i) .
(b) The POTW shall notify the department of any
other (i.e., non-substantial) modifications to its pretreatment program at
least 30 days prior to when they are to be implemented by the POTW, in a
statement similar to that provided for in (a) (i) above. Such non-substantial program modifications
shall be deemed to be approved by the approval authority, unless the department
determines that a modification submitted is in fact a substantial modification,
90 days after the submission of the POTW's statement. Following such "approval" by the department, such
modifications shall be incorporated into the POTW's permit in accordance with
ARM 17.30.1362. If the department
determines that a modification reported by a POTW in its statement is in fact a
substantial modification, the department shall notify the POTW and initiate the
procedures in (a) above.
(3) Substantial modifications.
(a) The following are substantial modifications
for purposes of this rule:
(i) changes to the POTW's legal
(ii) changes to local limits, which
result in less stringent local limits;
to the POTW's control mechanism, as described in ARM 17.30.1411(6) (a) (iii) ;
(iv) changes to the POTW's method for
implementing categorical pretreatment standards (e.g., incorporation by
reference, separate promulgation, etc.) ;
(v) a decrease in the frequency of
self-monitoring or reporting required of industrial users;
(vi) a decrease in the frequency of
industrial user inspections or sampling by the POTW;
to the POTW's confidentiality procedures;
reductions in the POTW's pretreatment program resources (including personnel
commitments, equipment, and funding levels) ; and
(ix) changes in the POTW's sludge
disposal and management practices.
(b) The department may designate other specific
modifications, in addition to those listed in (a) above, as substantial
(c) A modification that is not included in (a) above is nonetheless a substantial modification for purposes of this rule if
(i) would have a significant impact on the
operation of the POTW's pretreatment program;
(ii) would result in an increase in pollutant
loadings at the POTW; or
result in less stringent requirements being imposed on industrial users of the