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Home My WebLink About85- US Environmental Protection Agency Pretreatment Program Memorandum of Agreement "" ~ ( _'J . ,~ . I ," . .. . . PRETREAn~ENT PROGRAM MEMORANDUM OF AGREEt~ENT BETWEEN THE CITY OF BOZEMAN, MONTANA AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY The United States Environmental Protection Agency, Region VIII (hereinafter, the "EPAII) hereby approves the City of Bozeman's (hereinafter, the IICityll) Pretreatment Program rtescribed in the City's suhmitta1 document entitled IIIndustria1 Pretreatment Program, July 30, 1985 (as transmitted on July 30,1985), as meeting the requirements of Section 307(b) and (c) of the Clean Water Act (hereinafter, the IIActll) and regulations promulgated thereunder. Further, to define the responsibilities for the estah1ishment and enforcement of National Pretreatment Standards for existing and new sources under Section 307(b) and (c) of the Act, the City and EPA hereby enter into the following agreement: 1. The City has primary responsibility for enforcing against discharges prohibited by 40 CFR 403.5, and applying and enforcing any National Pretreatment Standards established by the EPA in accordance with Section 307(b) and (c) of the Act. 2. The City shall implement its Pretreatment Program in accordance with the legal authorities, policies, and procedures described in the City's Program document entitled, IIIndustria1 Pretreatment Program, July 30, 198511 (as transmitted on July 30, 1985) Such Program commits the City to do the following: a. Carry out inspection, surveillance, anrt monitoring procedures to determine industrial user compliance with Pretreatment standards; b. Require development, as necessary, of compliance schedules by industrial users for the installation of control technologies to meet applicable Pretreatment standards; c. Maintain and update, as necessary, records identifying the nature and character of industrial user inputs; d. Obtain appropriate remedies for noncompliance by any industrial user with any Pretreatment standard and/or requirement; and, e. Maintain an adequate revenue structure for continued implementation of the Pretreatment Program. 3. The City shall provide EPA and the State of Montana with an annual report briefly describing the City's Pretreatment Program activities over the previous calendar year. Such report shall be submitted no later than March 28th of each year and shall include: a. An updated listing of the City's industrial users; b. A descriptive summary of the compliance activities including the number of major enforcement actions (includes administrative orders, hearings, penalties, civil actions, and/or criminal actions); c. An assessment of the compliance status of the City's industrial users and the effectiveness of the City's Pretreatment Program in meeting its needs and objectives; and, d. A description of any and all substantive changes made to the City's Pretreatment Program description referenced in paragraph 2. Substantive changes include. but are not limited to, any change in ""J'-.. "-:',:j " , r . A 1~ .. " , . ~ . . . . . -2- the ordinance or operating agreement(s), major modification of the Program's administrative structure, and/or implementation of operating policies affecting inspections, monitoring, tracking and/or enforcement. 4. Pretreatment standards (40 CFR 403.5) prohibit any source from introducing the following into the public owned treatment works (POTW): a. Pollutants which create a fire or explosion hazard in the POTW; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case, discharges with a pH lower than 5.0; c. Solids or viscous pollutants in amounts which will cause obstruction of sewer flow, or POTW operational interference; d. Pollutants, including oxygen demanding pollutants (BODS, etc.), discharged at such volume or strength to cause POTW interference; and, e. Heat in amounts which will inhibit biological activity in the POTW, but in no case, heat in such quantities that the influent to the sewage treatment works exceeds l040F (400C). 5. In addition to the general limitations expressed in paragraph 4 above, applicable National Categorical Pretreatment Standards must be met by all industrial users of the POTW. These standards are published in the Federal Regulations at 40 CFR 405 et. ~. 6. The Agreement contained herein shall be incorporated, as soon as possible, in the City's MPDES permit. Noncompliance with any of these requirements will be subject to the same enforcement procedures as any permit violation. Nothing in this Agreement is intended to affect any Pretreatment requirement, including any standards or prohibitions established by State or local law, as long as those requirements are not less stringent than any set forth in the National Pretreatment Program Standards, or other requirements established under the Act or regulations promulgated thereunder. Nothing in this Agreement shall be construed to limit the authority of the EPA to take action pursuant to Sections 204,208,301,304,306,307,308, 309,311,402,404,405,501, or other Sections of the Clean Water Act of 1977 (33 USC 1251 et. seq.). This Agreement will become effective upon the date of signature by the Regional Administrator, Region VIII, U. S. Environmental Protection Agency. BV~~ h,~ jojlt)[((" - f i gnature r (Date) , Regional Administrator, Region VIII, EPA Title , .. .. l.. . ;.. . - . 1 ..... . ( \ . A .. ' , . . . . THE CITY OF BOZEMAN PRETREATMENT PROGRAM MEMORANDUM OF AGREEMENT PAGE 3 The City of Bozeman agrees to the conditions expressed on pages 1 and 2 of this Memorandum of Agreement. City of Bozeman, Montana By: ~W~'IDatJlj6(lJ City Manager Title The Water Quality Bureau, Montana Department of Health and Environmental Sciences concurs with the conditions expressed on pages 1 and 2 of this Memorandum of Agreement. Water Qual i ty Bureau, t10ntana Department of Heal th and Envi ronmental Sci ences By: ~ /: ~ ~DtVA5 1 gn ture' ate / Bureau Chief Titl e The Montana Office, Environmental Protection Agency accepts responsibility for monitoring the City's implementation of this ~1emorandum of Agreement. Montana EPA Office ~~f~ {Dati~7/fB By: Office Director Title . , , . -. . , . " - .. . ~ . . . ",~tO S7~~ ,,) ('J' :' ^ ~ l ~~~ 1; ~ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 'i ... <;''''1<1' ...$ REGION VIII -I( PRO~t(, ONE DENVER PLACE - 999 18TH STREET - SUITE 1300 DENVER, COLORADO 80202-2413 OCT 18 1985 Ref: 8MO CERTIFIED MAIL RETURN RECEIPT REQUESTED Honorable Kenneth L. Weaver Mayor, City of Bozeman - P.O. Box 649 Bozeman, Montana 59715 Re: City of Bozeman Industrial Pretreatment Program MPDES Permit Number: MT-0022608 Dear Mayor Weaver: I am pleased to advise you that the City of Bozeman1s Industrial Pretreatment Program has been approved. Enclosed is a copy of the final signed Memorandum of Agreement detailing the requirements and responsibilities of the City under the approved Program. Ultimately, the conditions of the agreement will be incorporated into the City's above-referenced MPDES discharge permit. Again, we congratulate the City on receiving approval and look forward to working with you to assure the success of the Industrial Pretreatment Program. Sincerely yours, - ~~L,,"- yi.;. k~t John G. Welles ~ Regional Administrator Enclosure cc: Richard Holmes, Director of Public Service City of Bozeman, w/encl. Steven Pilcher, Montana Water Quality Bureau, w/encl. -