Users must comply with the categorical pretreatment standards found in 40 CFR Chapter I, Subchapter N, sections 405-471, as amended.
Upon the promulgation of categorical pretreatment standards for a particular industrial subcategory, the categorical pretreatment standards, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The director shall attempt to notify all known affected users of the applicable reporting requirements under 40 CFR Part 403.12, or other applicable pretreatment requirements. Provided, however, that in no case shall the failure of the director to notify a user constitute a defense to noncompliance with any such requirement, statute or regulations, or to noncompliance with the provisions of this chapter.
Modifications to the categorical pretreatment standards may occur under the following situations:
1. Where the city’s sanitary sewer system achieves consistent removal of pollutants limited by pretreatment standards, the director may apply to the Administrator for modification of specific limits in the pretreatment standards. Upon approval from the Administrator, the director may modify pollutant discharge limits in the pretreatment standards if the requirements contained in 40 CFR Part 403.7 are fulfilled.
2. When the limits in a categorical pretreatment standard are expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the director may impose equivalent concentration or mass limits in accordance with 40 CFR Part 403.6(c).
3. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the director shall impose an alternate limit, using the combined wastestream formula in 40 CFR Part 403.6(e).
4. A user otherwise classified as a CIU may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR Part 403.13, that factors relating to its discharge are fundamentally different from the factors considered by USEPA when developing the categorical pretreatment standard.
5. A CIU may obtain a net gross adjustment to a categorical pretreatment standard in accordance with 40 CFR Part 403.15.
(Ord. 2481 §1 (part))