(1) Public utilities required to develop a pretreatment program.
    (a) Except as provided in paragraph (1)(b), below, public utilities shall establish a pretreatment program under the following conditions:
    1. The public utility receives pollutants from industrial users which pass through or interfere with the operation of the WWF or are otherwise subject to pretreatment standards,
    2. The public utility discharges to surface waters of the State or is required to implement a pretreatment program in accordance with Fl. Admin. Code Chapter 62-610, or 40 C.F.R. Parts 146.15 and 146.16; and,
    3. The public utility owns or operates one or more WWFs with a total design flow greater than 5 million gallons per day (mgd). The Department shall also require that a public utility that owns or operates one or more WWFs with a design flow of 5 mgd or less to establish a pretreatment program if it finds that the nature or volume of the industrial influent, treatment process upsets, violations of WWF effluent limitations, contamination of biosolids, or other circumstances require a pretreatment program in order to prevent interference with the WWF or pass through.
    (b) Public utilities that own or operate one or more WWFs that are required to implement a pretreatment program in accordance with Fl. Admin. Code Chapter 62-610, or 40 C.F.R. Parts 146.15 and 146.16 shall develop a pretreatment program that meets the requirements of subsections (2) and (3), below, unless the public utility can provide an affirmative demonstration in accordance with subsection 62-610.330(2), F.A.C., or 40 C.F.R. part 146.15(e)(l) that the WWF has no significant industrial users.
    (c) If a WWF identified as needing a pretreatment program does not have an approved pretreatment program, the Department shall revise, or revoke and reissue, the existing WWF permit. The revised or reissued permit shall contain a compliance schedule, with a final compliance date not to exceed one year from the effective date of the revised or reissued permit, for the development of a pretreatment program meeting the requirements of subsections (2) and (3), below.
    (2) Pretreatment program requirements. A pretreatment program shall be based on the following legal authority and include the following procedures. These authorities and procedures shall at all times be fully and effectively exercised and implemented.
    (a) Legal authority. The public utility shall operate under legal authority enforceable in Federal, State, or local courts which authorizes or enables the public utility to apply and to enforce the requirements of this chapter. Such authority shall be contained in a statute, ordinance, or series of contracts or joint powers agreements which the public utility is authorized to enact, enter into or implement, and which are authorized by State law. At a minimum, this legal authority shall enable the public utility to:
    1. Deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the WWF by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the WWF to violate its permit,
    2. Control through permit, order, or similar means the contribution to the WWF by each industrial user to ensure compliance with applicable pretreatment standards and requirements. In the case of industrial users identified as significant under subsection 62-625.200(25), F.A.C., this control shall be achieved through individual permits or equivalent individual control mechanisms issued to each such industrial user except as provided in subparagraphs 7. and 8., below. Both individual and general control mechanisms must be enforceable and contain, at a minimum, the following conditions:
    a. Statement of duration (in no case more than 5 years),
    b. Statement of non-transferability without prior notification to the control authority and without providing a copy of the existing control mechanism to the new owner or operator,
    c. Effluent limits, including best management practices, based on applicable general pretreatment standards in this chapter, categorical pretreatment standards, local limits, and State and local law,
    d. Self-monitoring, sampling, reporting, notification and record keeping requirements, including identification of the pollutants to be monitored, sampling location, sampling frequency and sample type based on the applicable general pretreatment standards in this chapter, categorical pretreatment standards, local limits, and State and local laws; and,
    e. Process for seeking a waiver for a pollutant neither present nor expected to be present in the discharge in accordance with Fl. Admin. Code R. 62-625.600(4)(b), or a specific waived pollutant in the case of an individual control mechanism,
    f. Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules shall not extend the compliance date beyond applicable State or Federal deadlines,
    g. Requirements to control slug discharges, if determined by the control authority to be necessary.
    3. Require the following:
    a. Development of a compliance schedule by each industrial user for the installation of technology required to meet applicable pretreatment standards and requirements; and,
    b. Submission of all notices and self-monitoring reports from industrial users as are necessary to assess and assure compliance by industrial users with pretreatment standards and requirements,
    4. Carry out all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by industrial users, compliance or noncompliance with applicable pretreatment standards and requirements by industrial users. Representatives of the control authority shall be authorized to enter any premises of any industrial user in which a discharge source or treatment system is located or in which records are required to be kept under subsection 62-625.600(14), F.A.C., to assure compliance with pretreatment standards. Such authority shall be at least as extensive as the authority provided under Florida Statutes § 403.091;
    5. Obtain remedies for noncompliance by any industrial user with any pretreatment standard and requirement.
    a. All control authorities shall be able to seek injunctive relief for noncompliance by industrial users with pretreatment standards and requirements. All control authorities shall also have authority to seek or assess civil or criminal penalties in at least the amount of $1,000.00 a day for each violation by industrial users of pretreatment standards and requirements.
    b. Pretreatment requirements which will be enforced through the remedies set forth in sub-subparagraph a., above, shall, at a minimum, include: the duty to allow or carry out inspections, entry, or monitoring activities; any rules, regulations, or orders issued by the control authority; any requirements set forth in individual control mechanisms issued by the control authority; or any reporting requirements imposed by the control authority or this chapter. The control authority shall have authority and procedures to immediately and effectively halt any discharge to the WWF which endangers public health or welfare. The control authority shall also have the authority and procedures to prevent any discharge to the WWF which endangers the environment, or which threatens to interfere with the operation of the WWF. Notice shall be provided to the industrial user prior to such action. If public health or welfare are not endangered, the industrial user shall be given an opportunity to respond to the notice; and,
    6. Comply with the confidentiality requirements set forth in Fl. Admin. Code R. 62-625.800
    7. Use general control mechanisms, at the discretion of the control authority, if all facilities to be covered:
    a. Involve the same or substantially similar types of operations;
    b. Discharge the same types of wastes;
    c. Require the same effluent limitations;
    d. Require the same or similar monitoring; and,
    e. In the opinion of the control authority, are more appropriately controlled under a general control mechanism than under individual control mechanisms.
    8. To be covered by the general control mechanism, the significant industrial user must file a written request for coverage that provides:
    a. The industrial user’s contact information;
    b. The industrial user’s production processes;
    c. The industrial user’s types of wastes generated;
    d. The industrial user’s locations for monitoring all wastes covered by the general control mechanism;
    e. Requests for a monitoring waiver for a pollutant neither present nor expected to be present in the discharge in accordance with Fl. Admin. Code R. 62-625.600(4)(b); and,
    f. Any other industrial user information the control authority deems appropriate.
A monitoring waiver pursuant to Fl. Admin. Code R. 62-625.600(4)(b), is not effective in the general control mechanism until after the control authority has provided written notice to the significant industrial user that such a waiver request has been granted. The control authority must retain a copy of the general control mechanism, documentation to support the control authority’s determination that a specific significant industrial user meets the criteria in sub-subparagraphs (2)(a)7.a. through e., above, and a copy of the industrial user’s written request for coverage for three (3) years after the expiration of the general control mechanism. A control authority may not control a significant industrial user through a general control mechanism where the facility is subject to production-based categorical pretreatment standards or categorical pretreatment standards expressed as mass of pollutant discharged per day or for industrial users whose limits are based on the combined wastestream formula or net/gross calculations as outlined in subsection 62-625.410(6), and Fl. Admin. Code R. 62-625.820, respectively.
    (b) Pretreatment program implementation procedures. The public utility shall develop and implement procedures to ensure compliance with the requirements of a pretreatment program. At a minimum, these procedures shall enable the control authority to:
    1. Identify and locate all possible industrial users which might be subject to the pretreatment program. Any compilation, index or inventory of industrial users shall be made available to the EPA Regional Administrator or Department upon request,
    2. Identify the character and volume of pollutants contributed to the WWF by the industrial users identified under subparagraph 1., above. This information shall be made available to the EPA Regional Administrator or Department upon request,
    3. Notify industrial users identified under subparagraph 1., above, of applicable pretreatment standards and any applicable requirements under Parts I and IV of Florida Statutes Chapter 403, regarding disposal of sludge. Within 30 days of approval of a list of significant industrial users, in accordance with paragraph (e), below, notify each significant industrial user of its status as such and of all requirements applicable to it as a result of such status,
    4. Receive and analyze self-monitoring reports and other notices submitted by industrial users in accordance with the self-monitoring requirements in Fl. Admin. Code R. 62-625.600,
    5. Randomly sample and analyze the effluent from industrial users and conduct surveillance activities in order to identify, independent of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards. Inspect and sample the effluent from each significant industrial user at least once a year except as specified in sub-subparagraphs a. through c., below;
    a. Where the control authority has authorized a categorical industrial user to waive sampling of a pollutant regulated by a categorical pretreatment standard in accordance with Fl. Admin. Code R. 62-625.600(4)(b), the control authority must sample for the waived pollutant(s) at least once during the term of the categorical industrial user’s control mechanism. In the event that the control authority subsequently determines that a waived pollutant is present or is expected to be present in the industrial user’s wastewater based on changes that occur in the user’s operations, the control authority must immediately begin at least annual inspection and effluent monitoring of the user’s discharge,
    b. Where the control authority has determined that an industrial user meets the criteria for classification as a non-significant categorical industrial user, the control authority must evaluate, at least once per year, whether an industrial user continues to meet the criteria in Fl. Admin. Code R. 62-625.200(25)(c); or
    c. In the case of industrial users subject to reduced reporting requirements under Fl. Admin. Code R. 62-625.600(4)(d), the control authority must randomly sample and analyze the effluent from industrial users and conduct inspections at least once every two years. If the industrial user no longer meets the conditions for reduced reporting in Fl. Admin. Code R. 62-625.600(4)(d), the control authority must immediately begin sampling and inspecting the industrial user at least once a year;
    6. Evaluate, at least once every two years, whether each significant industrial user needs a plan to control slug discharges. New significant industrial users must be evaluated within 1 year of being designated a significant industrial user. The results of such evaluations shall be made available to the Department upon request. Significant industrial users are required to notify the control authority immediately of any changes at its facility affecting the potential for a slug discharge. If the control authority decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:
    a. Description of discharge practices, including nonroutine batch discharges;
    b. Description of stored chemicals and containment areas;
    c. Procedures for immediately notifying the control authority and the WWF of slug discharges, including any discharge that would violate a prohibition under subsection 62-625.400(2), F.A.C., with procedures for follow-up written notification within five days; and,
    d. If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), or measures and equipment for emergency response;
    7. Investigate instances of noncompliance with pretreatment standards and requirements, as indicated in the reports and notices required under Fl. Admin. Code R. 62-625.600, or indicated by analysis, inspection, and surveillance activities described in subparagraph 5., above. Sample taking, analyses and the collection of other information shall be performed with sufficient care to produce evidence admissible in enforcement proceedings or in judicial actions; and,
    8. Comply with the public participation requirements of Florida Statutes Chapter 120, in enforcement of pretreatment standards. In addition, these procedures shall include provision for at least annual public notification of industrial users which were in significant noncompliance with applicable pretreatment requirements at any time during the previous 12 months. Public notification shall be included in a newspaper(s) of general circulation within the jurisdiction served by the WWF that meets the requirements of Sections 50.011 and 50.031, F.S. For the purpose of this provision, an industrial user is in significant noncompliance if its violation meets one or more of the following criteria:
    a. Chronic violations of wastewater discharge limits defined here as those in which sixty-six percent or more of all of the measurements taken during a six-month period exceed (by any magnitude), a numeric pretreatment standard or requirement, including instantaneous limits;
    b. Technical Review Criteria (TRC) violations defined here as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, total oil and grease, and 1.2 for all other pollutants except pH);
    c. Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the control authority determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of WWF personnel or the general public);
    d. Any discharge that has resulted in the control authority’s exercise of its emergency authority under sub-subparagraph (a)5.b., above, to halt or prevent such a discharge;
    e. Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
    f. Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
    g. Failure to accurately report noncompliance; and,
    h. Any other violation or group of violations, including a violation of best management practices, which the control authority determines will adversely affect the operation or implementation of the pretreatment program, except when the Department is acting as the control authority.
    (c) Local limits. The public utility shall develop local limits as required in Fl. Admin. Code R. 62-625.400(3)(a), or submit to the Department documentation that demonstrates that they are not necessary to prevent pass through, interference, protection of WWF employees, or adversely affect biosolids disposal. A plan of study shall be submitted to the Department prior to initiating the sampling required to develop local limits.
    (d) Enforcement response plan. The public utility shall develop and implement an enforcement response plan. This plan shall contain detailed procedures that:
    1. Describe how the control authority will investigate instances of noncompliance, including, at a minimum, sampling, data review, site visits and inspections;
    2. Describe the types of escalating enforcement responses the control authority will take in response to all anticipated types of industrial user violations and the time periods within which responses will take place. The enforcement response plan shall address, at a minimum, effluent limits violations, self-monitoring and reporting violations, compliance schedule violations, and violations found during inspections;
    3. Identify (by title) the officials responsible for each type of response; and,
    4. Reflect the control authority’s primary responsibility to enforce all applicable pretreatment requirements and standards, as detailed in paragraphs (a) and (b), above.
    (e) Significant industrial users. The public utility shall prepare and maintain a list of its industrial users meeting the criteria in paragraphs 62-625.200(25)(a) and (b), F.A.C. The list shall identify the criteria in paragraphs 62-625.200(25)(a) and (b), F.A.C., applicable to each industrial user and, shall also indicate whether the public utility has made a determination in accordance with paragraphs 62-625.200(25)(c) and (d), F.A.C., that such industrial user should not be considered a significant industrial user. The list shall be submitted to the Department in accordance with Fl. Admin. Code R. 62-625.510, or as a non-substantial program modification in accordance with Fl. Admin. Code R. 62-625.540(2)(b) Modifications to the list shall be submitted to the Department in accordance with Fl. Admin. Code R. 62-625.600(8)(a)
    (3) Funding. The public utility shall have sufficient resources and qualified personnel to carry out the authorities and procedures described in subsection (2), above. The public utility may submit a written request for conditional approval of the pretreatment program pending the acquisition of funding and personnel for certain elements of the program. The Department shall grant conditional approval, if the submission demonstrates that:
    (a) A limited aspect of the program does not need to be implemented immediately to comply with this chapter;
    (b) The public utility has 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 public utility 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 date for the acquisition of the needed funding and personnel based on information submitted by the public utility in accordance with this subsection. If funding is not acquired by this date, the conditional approval of the pretreatment program and any removal allowances granted to the WWF shall be modified or withdrawn.
    (4) Pretreatment program submission requirements.
    (a) Any public utility requesting approval of a pretreatment program shall submit a program description to the Department. The description must contain the following information:
    1. A statement from the solicitor or an official acting in a comparable capacity (or the attorney for those public utilities which have independent legal counsel) that the public utility has authority adequate to carry out the program described in subsection (2), above. This statement shall:
    a. Identify the provision of the legal authority under paragraph (2)(a), above, which provides the basis for each procedure under paragraph (2)(b), above;
    b. Identify the manner in which the control authority will implement the program requirements set forth in subsection (2), above, including the means by which pretreatment standards will be applied to individual industrial users (e.g., by order, permit, ordinance, etc.); and,
    c. Identify how the control authority will 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 which will be relied upon by the control authority for its administration of the pretreatment program. This submission shall include a statement reflecting the endorsement or approval of the local boards or bodies responsible for supervising or funding the pretreatment program if approved;
    3. A brief description (including organization charts) of the organization which will administer the pretreatment program. If more than one agency is responsible for administration of the program, the responsible agencies shall 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.
    (b) Deadline for pretreatment program submission. A public utility operating or owning a WWF which meets any of the criteria in subsection (1), above, shall develop and submit a pretreatment program for approval within one year after written notification from the Department of such identification. The pretreatment program shall meet the criteria set forth in subsection (2), above, and, following approval, be administered by the control authority to ensure compliance by industrial users with applicable pretreatment standards and requirements. Two copies of the submission shall be provided to the Department.
Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented Florida Statutes § 403.0885. History-New 11-29-94, Amended 1-8-97, 5-10-10, 9-20-21.