OAR 340-045-0063: Industrial Waste Pretreatment

(1) All owners of sewerage systems that receive industrial waste subject to federal or state pretreatment standards will develop and implement a pretreatment program for controlling those industrial contributors. The system owner must submit the program to the Director for approval. DEQ approval is considered a Category III action as described in OAR 340-045-0027. (2) The Director will review requests for revisions of categorical pretreatment standards to reflect removals the sewerage system achieves. Removal credits are only allowed if the Director approves them. (3) Both the owners of sewerage systems receiving industrial wastes and the industrial contributors must comply with applicable pretreatment provisions of the federal Clean Water Act and DEQ’s rules. (4) Where a question exists as to whether or not an industrial contributor falls within a particular industrial subcategory, the Director will make a written finding and submit it to the EPA Regional Enforcement Division Director for a final determination, unless the Enforcement Division Director waives receiving the Director's determination as provided in the federal regulations. In that case the Director's determination is final. (5) The owner of a sewerage system receiving industrial waste is responsible for assuring that the industrial contributor meets the prohibited discharge or categorical pretreatment standards established by the United State Environmental Protection Agency or DEQ, whichever is most limiting. The owner of the sewerage system may impose more stringent pretreatment standards if the owner deems it necessary for properly operating and maintaining the sewerage system or disposability of the sewage sludge. (6) The Director will review requests for Fundamentally Different Factors variances and will either deny them or concur with them and submit the concurrence to the United States Environmental Protection Agency for approval, as provided in federal regulations.