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What is a Multijurisdictional Agreement? . By Scott Mallery, P.E. Pretreatment Engineer September 2007. State of Washington Department of Ecology Water Quality Program Eastern Regional Office 4601 N Monroe Street Spokane, Washington 99205. This Presentation is based on a True Story
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What is a Multijurisdictional Agreement? By Scott Mallery, P.E. Pretreatment Engineer September 2007 State of Washington Department of Ecology Water Quality Program Eastern Regional Office 4601 N Monroe Street Spokane, Washington 99205
This Presentation is based on a True Story • However, some of the information may have been changed to: • Protect the Involved Individuals • and how things happened • Questions on the following information, may not be answer to protect the identities of those involved • All Entities must rely on advice of their legal counsel when evaluating the use of the information presented
Outline • Overview of Federal Delegation of Pretreatment • Overview of State of Washington’s Water Quality and Pretreatment Program • Bottom Line of Your Pretreatment Program • Legal Authority and Area of Jurisdiction • Industrial User and Binding Them • What is in a Multijurisdictional Agreement? • What is this Agreement? • Case Study • Summary/Questions
Federal Requirements for Delegated Pretreatment Program • Public Owned Treatment Works (POTWs) that must have pretreatment programs: • Over 5.0 million gallons per day (MGD) (max. design flow) and • Receiving Industrial Wastewater, or • Under 5.0 MGD and Receiving pollutants that pass through or interfere with POTW, or • Approval Authority or EPA finds a local program is needed to protect the POTW.
History of State Program • Water Pollution Control (RCW 90-48) 1973 • Waters of the State—Surface and Ground (Land Application, etc) • Pollution Disclosure Act of 1971 (RCW 90-52) --AKART: All Know, Available, and Reasonable Treatment • Delegation Process (173-208 WAC) 1975 • State Waste Discharge Permit Program (173-216 WAC) 1983 • Submission of Plans and Reports for Construction of Wastewater Facilities (WAC 173-240) 1983 • Engineering Report, Plans and Specifications, and Operations and Maintenance Manual • Requirement of Professional Engineer • State Pretreatment Program Manual 1986 • Program required by EPA agreement • Implements state and federal regulations
Key Features of the State Pretreatment Program • Ecology may permit industries for POTWs • POTWs not delegated have certain responsibilities by default • POTWs may assume additional responsibilities for their protection and/or to defer developing a full program. • NPDES and some State to Ground Permits identify requirements
Pretreatment Responsibilities • Delegated Programs • Implement all federal and state requirements • Other (Non-Delegated) POTWs with Industries • Have support obligations in NPDES permit • Dept of Ecology • Permits industries to non-delegated POTWs • Review Engineering Reports, Plans & Specs, & O & M Manuals • Oversees delegated program implementation
Fully Delegated Pretreatment Program Components: • Technical Information • IU Survey, Local Limits & Resource Assessment • Legal Authorities: • Local Ordinance, Interjurisdictional Agreements, & Attorney’s Legal Sufficiency Statement • Requisite Procedures • Detection of businesses covered by program • Permitting, Compliance Tracking, Files • Sampling, analysis and Inspection • Enforcement Response Plan
Bottom Line of YOUR Pretreatment Program • Responsibility of developing, implementing, and enforcing YOUR PROGRAM • Must Demonstrate you have the LEGAL AUTHORITY to: • Enforce federal, state, local pretreatment standards requirement again all industrial users • Procedures necessary for program implementation
Where does the legal authority come from? • State statute or regulations • Local Use ordinance or regulations • Through AGREEMENTS with other municipal entities
Where is Control Authority’s Area of Jurisdiction? • Geographical area within which Control Authority (CA) exercise regulatory powers (legal authority) • Geographical boundaries outlined in enabling legislation identify the perimeter within which discharges are subject to conditions of sewer ordinance
Where is the Industrial User and what to do about it? • If IU is outside Geographical area which CA exercise regulatory powers (legal authority), then IU is ‘extra jurisdictional industrial user’ • This makes a Multijurisdictional program and the need to establish legally binding procedures to ensure IUs are subject to enforceable pretreatment standards and requirements
How to Legally Bind IUs? • Authority granted under State Statute • Annexation • Special Sewer Districts and Authorities • Contracts/Citizen Suits • Contributing Jurisdiction on NPDES Permit (co-permittee for pretreatment program • Multijurisdictional Agreement (aka interlocal agreements) • Direct Authority • Contributing Jurisdiction implements and enforces its own Pretreatment Program
Interlocal Agreements • Wastewater Treatment Capacity Available to the contributing jurisdiction • Service fees for wastewater treatment • Ownership and maintenance of sewer lines and interceptors • Fiscal Responsibilities for future treatment plant or collection system expansion • Requirement that the total discharge from the contributing jurisdiction meet certain discharge limitations • Duration of agreement
Elements of Multijurisdictional Agreements • Sewer Use Ordinance • Local Limits • Control Mechanism • Transfer of Records • Right of Entry/Inspection and Sampling • Enforcement • Remedies for Breach • Residential Area
Case Study • We are going to look at How you would make sure that you can have the legal authority to ENFORCE your pretreatment Program. • You are newly founded Pretreatment Program, no industry outside of your boundary. • But, you will soon have industry from the County’s new sewer line. • So, what are you going to do?
Here are your Options? • Authority granted under State Statute • Annexation • Special Sewer Districts and Authorities • Contracts/Citizen Suits • Contributing Jurisdiction on NPDES Permit (co-permittee for pretreatment program • Multijurisdictional Agreement (aka interlocal agreements) • Direct Authority • Contributing Jurisdiction implements and enforces its own Pretreatment Program
Case Study • This is what happened Handout #4 • This is combination of Interlocal Agreement and Multijurisdictional Agreement • Multijurisdictional Agreement was giving the contributing jurisdiction responsibility for pretreatment for pretreatment Program implementation and enforcement (handout #3) • One option may have been Handout #2 (giving the control Authority responsibility over pretreatment program implementation and enforcement)
Case Study(continue) • State made the County and City Co-Permittees on the NPDES Permit • State wrote permits “in no man-land” • State did Audit and ‘threaten’ SNC on both of them • County found state statue for Enforcing Pretreatment Program in the Valley • City also started to Enforcing Pretreatment Program in the Valley • City probably should have enforced on the County over their agreement (Handout #4) • City probably should have entered into an agreement with Valley giving the control Authority responsibility over pretreatment program implementation and enforcement • City and County should have updated their agreement to (Handout #3) (Contributing Jurisdiction implements and enforces its own Pretreatment Program)
Delegated Pretreatment Cities should use the following to enforce their programs • Authority granted under State Statute • Annexation • Special Sewer Districts and Authorities • Contracts/Citizen Suits • Contributing Jurisdiction on NPDES Permit (co-permittee for pretreatment program • Multijurisdictional Agreement • Direct Authority • Contributing Jurisdiction implements and enforces its own Pretreatment Program
Summary • One of the best way to enforce the pretreatment program is to use Multijurisdictional Agreements • Direct Authority • Contributing Jurisdiction implements and enforces its own Pretreatment Program • Also even if a city isn’t a delegated pretreatment program, the can use a form of Multijurisdictional agreement to help protect their POTW from contributing jurisdiction
Questions???? Contact information: Scott Mallery 509-329-3473 Email: smal461@ecy.wa.gov State of Washington Department of Ecology 4601 N. Monroe Street Spokane, WA 99205