1518 AGREEMENTS WITH USER JURISDICTIONS

1518.1 Each User Jurisdiction proposing to directly or indirectly connect to or discharge into, the wastewater system of the District shall execute a pretreatment agreement with the District before the connection of discharge into the wastewater system.1518.2 Each User Jurisdiction which is directly or indirectly connected to, or discharging into, the wastewater system of the District as of October 10, 1986, shall maintain an executed pretreatment agreement with the District.1518.3 For User Jurisdictions in the State of Maryland, the pretreatment agreement shall be executed by the Washington Suburban Sanitary Commission on behalf of Montgomery and Prince George's Counties.1518.4 The Inter-Municipal Agreement may be executed in lieu of a pretreatment agreement provided that it contains all of the provisions of § 1518.7.1518.5 Only WASA shall issue Wastewater Discharge Permits to the following Industrial Users of the Potomac Interceptor:- (a) National Park Service;

- (b) Metropolitan Washington Airports Authority; and

- (c) Department of Navy.1518.6 Each User Jurisdiction shall provide WASA with at least the following information about every Significant Industrial User located within the User Jurisdiction:- (a) Name, address, office telephone number, Standard Industrial Classification number(s), or North American Industrial Classification number(s);

- (b) Volume of wastewater to be discharged;

- (c) Wastewater constituents and concentrations, including, but not limited to, biochemical oxygen demand, total suspended solids, ammonia, Total Kjeldahl Nitrogen, or total nitrogen, total phosphorus and pH;

- (d) Time and duration of discharge;

- (e) Average and thirty (30) minute wastewater flow rates, including daily, monthly and seasonal variations, if any;

- (f) Description of activities, facilities, and plant processes in or proposed within the User Jurisdiction, including all materials and types of materials

which are or could be discharged to the wastewater system;

(g) Each product produced or to be produced by type, amount and chemical composition; and

(h) Any other information WASA may consider to be necessary to evaluate the User Jurisdiction's Significant Industrial User.

1518.7 Agreements with User Jurisdictions required to implement pretreatment programs under applicable federal law shall contain the following provisions:

(a) Agreement to diligently enforce a pretreatment program which conforms to the minimum legal requirements contained in the National Pretreatment Regulations (40 C.F.R. Part 403) and any other provisions necessary to implement the requirements of the Act and this chapter;

(b) Explicit incorporation of the following provisions into the User Jurisdiction's pretreatment program:

(1) A definition for "Significant Industrial User" and "Non-Significant Categorical Industrial User" as set forth in § 1599 of this chapter. User Jurisdictions may elect not to include the provision for a Non-Significant Categorical Industrial User;

(2) A provision requiring any Industrial User responsible for a significant accidental discharge to immediately notify both WASA and the User Jurisdiction;

(3) A provision requiring a Significant Industrial User to immediately notify WASA and the User Jurisdiction of any changes at its facility affecting the potential for a slug discharge;

(4) A provision adopting discharge standards that match or exceed the District's discharge standards;

(5) A provision enabling the User Jurisdiction to enforce the provisions of their regulations and seek injunctive relief and civil and criminal penalties for noncompliance; and

(6) A grant of authority to the User Jurisdiction to require the installation of all monitoring and pretreatment facilities;

(c) Agreement to conduct an industrial waste survey to identify and locate all Industrial Users subject to the pretreatment program, including all Significant Industrial Users and Non-Significant Categorical Industrial Users, if applicable, within the User Jurisdiction;

1. (d) Agreement to evaluate whether a Significant Industrial User needs a plan or other action to control slug discharges within one (1) year of being designated a Significant Industrial User. For Industrial Users identified as significant prior to November 14, 2005, this evaluation shall have been conducted at least once by October 14, 2006;
2. (e) Agreement to control through wastewater discharge permits the discharges from each Significant Industrial User and Non-Significant Categorical Industrial User, if applicable, within the User Jurisdiction;
3. (f) Agreement, if requested to do so, to provide access to, and copies of, all permits and permit applications, industrial monitoring reports, baseline reports, records or violations and enforcement actions taken and any other monitoring or reporting requirements imposed by Federal, state or local regulations. These records shall be maintained for at least three (3) years;
4. (g) Agreement that any grant of a monitoring waiver by the User Jurisdiction shall be included as a condition in the Industrial User's control mechanism. The reasons supporting the waiver and any information submitted by the Industrial User in its request for the waiver shall be maintained by the User Jurisdiction for three (3) years after the expiration of the waiver;
5. (h) Agreement to grant WASA the right to enter and inspect any part of the User Jurisdiction's sewer system and the facilities of Industrial Users within the User Jurisdiction at any reasonable time for the purpose of inspecting the entire premises, taking independent samples, and examining and copying records. The User Jurisdiction shall make all necessary legal and administrative arrangements for these inspections;
6. (i) Agreement to provide WASA with quarterly pretreatment program reports and annual pretreatment reports; and
7. (j) Agreement for the User Jurisdiction to enter into a pretreatment agreement with Contributing Jurisdictions where Industrial Users located outside the boundary of the User Jurisdiction are discharging into the Contributing Jurisdiction's sewer system, which discharges into the User Jurisdiction's sewer system and ultimately to the District's wastewater system. Such pretreatment agreements shall be substantially equivalent to the District's pretreatment agreement with the User Jurisdiction and shall be fully secured prior to a discharge from any Industrial User into the Contributing Jurisdiction's sewer system.

Source: Notice of Final Rulemaking published at 59 DCR 1021, 1079 (February 10, 2012).