(A) Federal categorical pretreatment standards.
(1) (a) National pretreatment standards specifying quantities or concentrations of pollutant or pollutant properties which may be discharged to a POTW by existing or new industrial users in specific industrial subcategories are set forth under 40 C.F.R. Ch. I, Subch. N. These standards, unless specifically noted otherwise, shall be in addition to all applicable pretreatment standards and requirements established by national, state or local law.
(b) Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The Superintendent shall notify all affected users of the applicable reporting requirements under 40 C.F.R. § 403.12. An existing source shall comply with a categorical pretreatment standard within three years of the date the standard becomes effective unless a shorter time is specified in the appropriate subpart of 40 C.F.R. Ch. I, Subch. N.
(c) Unless it meets the definition of a “new source”, as defined in § 52.02, any existing source which becomes an industrial user subsequent of an applicable categorical pretreatment standard shall be considered an existing industrial user. New sources shall install and start up all pollution control equipment required to meet all applicable pretreatment standards prior to discharging to the POTW. Within the shortest feasible time (not to exceed 90 days), new sources must meet all applicable pretreatment standards.
(2) (a) When the limits in a categorical pretreatment standard are expressed in terms of mass of pollutant per unit of production, the village may convert the limits to equivalent limitations expressed as mass of pollutant discharge per day of effluent concentration for purposes of calculating effluent limitations applicable to an individual industrial user.
(b) Any equivalent limitation promulgated by the village shall be deemed a pretreatment standard for the purpose of § 307(d) of the Act, being 33 U.S.C. § 1317(d). Users will then be required to comply with equivalent limitations in lieu of any promulgated categorical standard from which the equivalent limitation was derived.
(B) Modification of federal categorical pretreatment standards.
(1) Where the village’s wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the village may apply to the approval authority for modification of specific standards.
(2) CONSISTENT REMOVAL shall mean reduction in the amount of pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in 95% of the samples taken when measured according to the procedures set forth in 40 C.F.R. § 403.7(c)(2), (see C.F.R. pt. 403, “general pretreatment regulations for existing and new sources of pollution”), promulgated pursuant to the Act. The village may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 C.F.R. § 403.7, are fulfilled and prior approval from the Approval Authority is obtained.
(1984 Code. § 7-01-03-090) (Ord. 227, passed 1-26-1993)