The Department shall operate the State Pretreatment Program to: Meet national pretreatment requirements; and Eliminate contributions of pollutants discharged from industrial users into publicly owned treatment works (POTWs) which cause interference with or pass through the POTW, or contaminate the sludge. POTWs meeting the conditions in Regulation .05 of this chapter shall develop and implement a pretreatment program in accordance with pretreatment requirements. New and existing industrial users which directly or indirectly discharge industrial waste into POTWs shall be regulated by the State and by persons owning POTWs under authority delegated to them by the State. A person may not: Introduce industrial wastes into a POTW except in compliance with pretreatment requirements; or Prevent or interfere with the inspection and sampling of industrial users subject to pretreatment requirements. A person owning a POTW or combination of POTWs shall implement POTW pretreatment programs in accordance with the pretreatment regulations in this section if: The total design flow exceeds 5 million gallons per day; and Industrial users discharge wastes which pass through, or cause interference, or are otherwise subject to national pretreatment standards. POTW owners may be required to develop and implement pretreatment programs if: The nature or volume of waste from an industrial user causes interference or pass through; or An industrial user subject to national pretreatment standards discharges into the POTW. Persons owning POTWs for which pretreatment programs are required shall, upon request, submit to the Department information in accordance with national pretreatment requirements to document that: Industrial users discharging to the POTW are adequately identified and characterized; Adequate legal authority exists to require industrial users to meet pretreatment requirements; Adequate technical ability exists or will exist to meet the requirements of this section; Adequate inspection and monitoring capability exists or will exist to ensure compliance with pretreatment requirements; Administrative procedures necessary to implement a pretreatment program have been developed; and Adequate resources exist or will be committed (funds, equipment, and personnel) to implement a continuing pretreatment program. The Department shall review POTW pretreatment program submittals to determine compliance with the requirements of this section and national pretreatment requirements. The Department shall conform with national pretreatment requirements and the applicable provisions of the Administrative Procedure Act, State Government Article, Title 10, Annotated Code of Maryland, concerning public notice, opportunity for public hearing, and public appeal of final determination. If the Department determines that the POTW's pretreatment program does not meet the requirements of this section and national pretreatment requirements, the Department may order the owners to take any action necessary to ensure compliance. Existing State discharge permits may be reissued for those POTWs required to implement a pretreatment program. The Department may impose as a condition in a discharge permit: The implementation of an approved and delegated pretreatment program; and The submission of data necessary to ensure compliance with pretreatment requirements. The Department shall administer federal and State pretreatment requirements through delegation agreements with the person owning a POTW. The delegation agreement shall set out: Specific pretreatment authority delegated including enforcement authority in Environment Article, §§9-333, 9-334, 9-339, 9-342, and 9-343, Annotated Code of Maryland; The pretreatment responsibilities of the person owning the POTW; The requirement to collect data and reports, (baseline monitoring reports and self-monitoring report) in accordance with pretreatment requirements; The requirement to develop and enforce compliance schedules for industrial users in accordance with pretreatment requirements; The requirement to submit information to the Department; and The requirement to implement the approved local program to meet pretreatment requirements. A person owning a POTW shall retain all records or information required by the delegation agreement and national pretreatment requirements for a period of not less than 3 years. This period shall be extended during the course of unresolved litigation. The Department shall review reports, inspect and monitor POTWs and industrial users to verify compliance with pretreatment requirements. Notwithstanding the existence of any delegation agreement, to ensure compliance with the pretreatment requirements, the Department may take any of the following actions against a POTW or an industrial user: Issue a complaint and order which may include a limitation in flows to the POTW or the imposition of sewer moratoria in accordance with Environment Article, §§9-512 and 9-335, Annotated Code of Maryland; Seek injunctive relief in accordance with Environment Article, §9-339, Annotated Code of Maryland; Seek civil penalties in accordance with Environment Article, §9-342, Annotated Code of Maryland; Seek criminal penalties in accordance with Environment Article, §9-343, Annotated Code of Maryland; Impose and enforce pretreatment requirements on industrial users and exercise any other authority delegated to it by law; and Order an industrial user to submit any reports imposed by national pretreatment requirements including signatory requirements directly to the Department. The Department, its authorized representatives, and delegated POTWs shall have the right to enter any buildings, structures, or premises of an industrial user that is or may be subject to pretreatment requirements for the purpose of: Inspecting and copying required records; Inspecting and monitoring methods and equipment; Sampling discharges into POTWs; and Determining compliance with pretreatment requirements. The Department may require or order modifications to any POTW pretreatment program if the Department determines that the pretreatment program is inadequate to prevent interference or pass through. The Department shall review and may approve requests made by any person owning a POTW for modifications to approved pretreatment programs. The Department shall approve the request if the Department determines that the modification meets pretreatment requirements. The Department shall review, in accordance with national pretreatment requirements, requests for industrial category determinations, submitted by a person owning a POTW or an industrial user. When a determination has been made, the decision and a written explanation will be forwarded to EPA for final action. The owner of a POTW receiving wastes from an industrial user to which a national pretreatment standard applies may request the Department's approval to revise the discharge limit for a specific pollutant covered in the national pretreatment standard applicable to the user. Revisions may be approved if the POTW owner demonstrates compliance with national pretreatment requirements regulating granting of removal credits. If upon review of the request the Department determines that the POTW owner's application to revise a discharge limit can be approved, the Department shall, in accordance with national pretreatment requirements and the Maryland Administrative Procedure Act, issue public notice of the POTW owner's request and provide for public hearing, notice and appeal of final determination. A person believing that factors relating to an industrial user are fundamentally different from the factors considered during development of a national pretreatment standard applicable to the user, and that the existence of those factors justifies a different discharge limit from that specified in the applicable national pretreatment standard, may request a fundamentally different factor variance. A person seeking a variance shall submit to the Department an application which contains the information required for request of variances in the national pretreatment requirements. The Department shall review requests for fundamentally different factors in accordance with procedures established by the national pretreatment requirements and forward the application with its comments to EPA. A person who owns a POTW and has reason to believe that an industrial user has caused interference, pass through, or a permit violation in the POTW shall: Within 24 hours report the event to the Department; and Within 14 days submit to the Department a written summary of the occurrence and any enforcement or corrective actions taken to prevent or minimize recurrence. A person owning a POTW with an approved pretreatment program shall collect and submit data summaries and other reports to the Department, in accordance with and on a frequency specified by the delegation agreement. The signatures on the reports shall conform with national pretreatment requirements. The reports shall include: POTW Sampling Report. A summary of self-monitoring conducted by the POTW owner to determine compliance with pretreatment requirements. Industrial User Sampling Report. A summary of the results of self-monitoring reports filed by industrial users with the participating POTW which includes violations of discharge authorizations. POTW Inspection Report. A summary of inspections made of industrial users by the POTW staff which shows the number of inspections, type of inspection, results of inspection, and any enforcement actions taken. POTW Monitoring Report. A summary of the analytical results of industrial waste samples taken by the POTW staff. POTW Enforcement and Compliance Report. A report indicating the adherence to any applicable schedule for compliance imposed upon an industrial user to comply with pretreatment requirements. A person owning a POTW shall submit annual revisions of their list of industrial users to the Department. Environment Article, §§9-313, 9-314, 9-315, 9-319, 9-320, 9-325, 9-327, and 9-328, Annotated Code of Maryland Effective date: COMAR 10.50.01.08J-1 recodified to COMAR 26.08.08.01—.04 Regulations .01—.04 adopted effective August 26, 1985 (12:17 Md. R. 1706) Chapter revised effective June 27, 1988 (15:13 Md. R. 1556) Regulation .02A amended effective April 16, 1990 (17:7 Md. R. 854)