The vast majority of dental facilities that discharge wastewater into a publicly owned treatment works (POTW) (e.g., municipal sewage system) are subject to this rule (“dental dischargers”). However, there are some exceptions. Dental dischargers that do not place dental amalgam, and do not remove dental amalgam except in limited emergency or unplanned, unanticipated circumstances are exempt from any further requirements as long as they certify as such in a one-time compliance report to St Vrain Sanitation District. Dental dischargers that exclusively practice one or more of the following specialties are not subject to any of the rule’s requirements, including submission of a one-time compliance report to St Vrain Sanitation District

• Oral pathology
• Oral and maxillofacial radiology
• Oral and maxillofacial surgery
• Orthodontics
• Periodontics
• Prosthodontics

Additionally, mobile units are not subject to any of the rule’s requirements, including submission of a one-time compliance report to St Vrain Sanitation District. A mobile unit is a specialized mobile, self-contained van, trailer, or equipment used in providing dentistry services at multiple locations. Dental facilities that do not discharge their amalgam process wastewater into a POTW are also not subject to any of the rule’s requirements, including submission of a one-time compliance report to their Control Authority. For example, dental facilities that discharge amalgam process wastewater into a septic system are not subject to this rule.

It is each dental office’s responsibility to ensure compliance with 40 CFR 441. 

• New offices (those opening after July 14, 2017) are required to be in compliance upon opening.
• Existing offices (those in operation before July 14, 2017) are required to meet compliance by July 14, 2020, and to submit a one-time compliance report by October 12, 2020.

 Compliance Requirements

• File a one-time compliance report with the St Vrain Sanitation District’s Pretreatment Program, stating that you are in compliance with the regulation.  Update this report within 90 days of any change in ownership.
• Install an ISO or ANSI-compliance amalgam separator before July 14, 2020, due date.
• Correct any problems or deficiencies within District specified period if the amalgam separator does not work properly.
• Replace the amalgam separator as recommended by the manufacturer.  Complete routine inspections and maintenance. (You will need a copy of the manufacturer's operating manual to find when the unit needs to be replaced and the frequencies and types of maintenance required.)
• Maintain documentation for at least 3 years.  Document any inspections, repair, container replacement, and waste disposal.  These documents shall be made available to the District during inspections or as required.
• Best Management Plan: Do not use oxidizing or acidic cleaners that can dissolve amalgam.  
• Best Management Practices (BMPs): Do not discharge or flush scrap amalgam down any drains.