AN ACT TO AMEND CHAPTER 60, TITLE 7, DELAWARE CODE TO AUTHORIZE THE SECRETRARY OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO DEVELOP AND CARRY OUT A STATE PRETREATMENT PROGRAM FOR PUBLICLY OWNED TREATMENT WORKS AND INDUSTRIAL USERS OF SUCH TREATMENT WORKS IN ACCORDANCE WITH FEDERAL LAWS AND REGULATIONS, AND TO APPROPRIATE FUNDS FOR SUCH PURPOSE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend §6011, Chapter 60, Title 7, Delaware Code, by adding new subsection (g) as follows:
"(g) Notwithstanding other provisions of this section, the Secretary is not authorized to approve requests for fundamentally different factor variances from categorical pretreatment standards promulgated by the Administrator of the United States Environmental Protection Agency pursuant to §307(b) or 5307(e) of the Federal Water Pollution Control Act, as amended, 33 U.S.C. SS1317(b), 1317(c). The Secretary is authorized to accept and review such variance requests, and, upon review, deny such request or recommend that the Administrator of the United States Environmental Protection Agency approve such a variance request."
Section 2. Amend 56012(a), Chapter 60, Title 7, Delaware Code, by adding the underlined matter:
"(a) Notwithstanding the provisions of 56011 of this Title, other than 56011(0, the Secretary may grant a variance to any rules or regulations promulgated pursuant to the provisions of this chapter, for a period not to exceed 60 days."
Section 3. Amend 56002, Chapter 60, Title 7, Delaware Code, by adding the following subsections:
"(27) 'Categorical Pretreatment Standard' means a pretreatment standard which applies to industrial users in a specific industrial subcategory.
(28) 'Discharge' or 'Indirect discharge' means the discharge or the introduction of pollutants from any nondomestic source into a POTW.
(29) 'Industrial user' means a source of indirect discharge. The term 'industrial user' shall include, but not be limited to the original source of the indirect discharge as well as the owners or operators of any intervening connections, other than those owned or operated by the receiving POTW, which convey the indirect discharge to the POTW.
(30) 'POTW pretreatment program' means a program administered by a POTW for the purpose of enforcing pretreatment standards in accordance with the Federal Water Pollution Control Act, as amended, 33 U.S.C. 531251 et seq. and regulations promulgated thereunder.
(31) 'Pretreatment standard' means any pollutant discharge limit promulgated by the Administrator of the United States Environmental Protection Agency in accordance with section 307(b) and (c) of the Federal Water Pollution Control Act, as amended, 33 U.S.C. SS1317(b), (c), or by the Secretary, which applies to industrial users.
(32) 'Publicly owned treatment works' or 'POTW' means either: a treatment works which is owned by a city, town, county, district or other public body created by or pursuant to the laws of the State of Delaware; or any such public body which has jurisdiction over the discharges to such treatment works.
(33) 'Treatment works' means any device and system used in the storage, treatment, recycling and reclamation of municipal sewage, or industrial wastes of a liquid nature, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, Including intercepting sewers, outran sewers, sewage collection systems, pumping, power and other equipment, and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities and improvements to exclude or minimize inflow and infiltration."
Section 4. Amend Chapter 60, Title 7, Delaware Code, by adding 56033 as follows: "§6033. Pretreatment
(a) The Secretary shall develop, implement and enforce, and may amend, modify and repeal, a state pretreatment program in compliance with the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§1251 et seq. and regulations promulgated thereunder. In addition to any other authority which the Secretary may exercise for this purpose under this chapter or other chapters of this code, the Secretary may:
(1) Require any POTW to develop, submit for approval to the Secretary, administer and enforce a POTW pretreatment program;
(1) Review, approve and deny requests for approval of POTW pretreatment programs submitted by a POTW to the Secretary;
(2) Require any POTW, whether or not such POTW is required to develop and enforce a POTW pretreatment program, to develop, submit for approval to the Secretary, and enforce specific limits on or prohibitions against discharges of pollutants by industrial users of such POTW to prevent interference with such POTW;
(3) Incorporate conditions into new or existing permits issued to POTW's, such as but not limited to, compliance schedules, modification clauses, the elements of an approved pretreatment program, and specific limits on or prohibitions against discharges by industrial users into such POTW;
(4) Review, approve and deny requests from POTW's required to develop POTW programs to modify categorical pretreatment standards to reflect removals achieved by such POTW;
(5) Require any POTW or industrial user to submit reports, monitor activities, and maintain records to assure compliance with this section and regulations hereunder;
(6) Require compliance by industrial users with pretreatment standards, and discharge limits and prohibitions;
(1) Adopt, amend, modify or repeal rules or regulations to effectuate this section and comply with federal laws and regulations respecting pretreatment. Such rules and regulations shall be adopted, after public hearing, in accordance with 56010 of this chapter, provided, however, that the Secretary may incorporate into state regulations without a public hearing a
categorical pretreatment standard which has previously been promulgated by regulation by the Administrator of the United States Environmental Protection Agency. Prior to incorporating any such categorical pretreatment standard without a public hearing, the Secretary shall comply with §§§ 6415, 6416 and 6418 of Title 29.
(b) The Secretary may seek any relief authorized by this chapter against any industrial user even if a POTW has acted or will act to seek such relief."