(A) Federal categorical pretreatment.
(1) All industrial users subject to categorical pretreatment standards shall be subject to the rules, regulations, and requirements of the Michigan General Rules Part 23 governing Pretreatment R323.2301 to 323.2317.
(2) No user shall discharge or cause to be discharged to the POTW, wastewaters containing substances subject to an applicable federal categorical pretreatment standard promulgated by E.P.A. or any other discharge limitation set by the village under § 51.31(C), whichever is lower, in excess of the quantity prescribed in the applicable pretreatment standards or discharge limitations except as otherwise provided in this section. Compliance with the applicable pretreatment standards or discharge limitations shall be within the time set by E.P.A. or by the village, whichever is less.
(B) Existing sources.
(1) Existing sources shall comply with categorical pretreatment standards within three years of the date the standard is effective unless a shorter compliance time is specified in 40 C.F.R. Chapter I, Subchapter N.
(2) Existing sources which become significant industrial users subsequent to promulgation of an applicable categorical pretreatment standard shall be considered existing industrial users, except where the sources meet the definition of a new source as defined in § 51.02.
(C) New sources.
(1) Compliance with categorical pretreatment standards and local limits for new sources shall be as follows.
(a) New sources shall install and have in operating condition, and shall start up all pollution control equipment required to meet applicable pretreatment standards and local limits before beginning to discharge.
(b) Within the shortest feasible time (not to exceed 90 days) new sources shall meet all applicable categorical pretreatment standards and local limits.
(2) New sources, and sources that become significant industrial users subsequent to the promulgation of categorical standards shall submit a baseline monitoring report (BMR) to the Village Director at least 90 days prior to the commencement of any discharge. The BMR shall include information as specified in § 51.35.
(3) All industrial users shall comply with the reporting requirements including compliance schedule progress reports, 90-day compliance reports and periodic compliance reports for existing and new sources as outlined in § 51.35.
(D) Wastewaters with special characteristics.
(1) While the village may initially rely upon the federal categorical pretreatment standards to protect the POTW or receiving waters, if any wastewater which contains substances or possesses characteristics in excess of those established under this section, § 51.31(C), or which constitutes a public nuisance or hazard, is discharged or is proposed for discharge to the wastewater sewers, the POTW may:
(a) Require pretreatment to an acceptable condition prior to discharge to the POTW;
(b) Require control over the quantities and rates of discharge into the POTW;
(c) Require payment to cover added cost of handling and treating the wastewaters not covered by existing fees or charges;
(d) Require the development of compliance schedules to meet any applicable pretreatment requirements; and/or
(e) Require the submission of reports necessary to assure compliance with applicable pretreatment requirements:
1. Carry out all inspections, surveillance, and monitoring necessary to determine compliance with applicable pretreatment requirements;
3. Reject the wastewater.
(2) When considering the above alternatives, the POTW shall assure that conditions of the POTW’s NPDES permit are met. The POTW shall also take into consideration cost effectiveness and the economic impact of the alternatives on the user. If the POTW allows the pretreatment or equalization of wastewater flows, the installation of the necessary facilities shall be subject to review and approval by the village. The POTW shall review and recommend any appropriate changes to the program within 60 days of submittal.
(3) Where pretreatment or flow equalizing facilities are approved or required for any wastewater, they shall be maintained continuously in satisfactory and effective operation at the expense of the user.
(E) Compliance with pretreatment requirements. users required to pretreat wastewater in accordance with this chapter, shall be required to submit reports on compliance with pretreatment requirements in accordance with § 51.35. When so directed by the POTW, industrial users shall provide, at their expense, the pretreatment as may be necessary to comply with the concentration, mass and/or volume limitations established in this chapter; and furthermore, limit the discharge of the regulated pollutants so as not to cause interference with the POTW treatment processes, residual solids disposal practices or effluent quality discharged to the waters of the state.
(F) Removal credits. Upon application by an industrial user or upon its own initiative the POTW shall review any limitations on substances specified in the applicable pretreatment standards and may modify the limitations to reflect historic removal of the substances by the POTW treatment facility if the requirements contained in R323.2313(a) are fulfilled and prior approval from the MDEQ is obtained. Revised discharge limitations for specified substances shall be derived in accordance with R323.2313(a) governing removal credits.
(G) Fundamentally different factors. Upon application by an industrial user, the POTW shall review and may adjust any limitation on substances specified in the applicable pretreatment standards to consider factors relating to the user which are fundamentally different from the factors considered by E.P.A. during the development of the pretreatment standard. Request for and determination of a fundamentally different adjustment shall be in accordance with R323.2313(b) governing variance from categorical pretreatment standards for fundamentally different factors.
(H) Net/gross calculation. Any industrial user may seek an adjustment in the categorical pretreatment standards to reflect the presence of pollutants in the users’ intake water. The POTW may allow a credit in accordance with R323.2313(c) governing net/gross calculations.
(I) Equivalent mass/concentration based limits. If in establishing discharge restrictions, discharge limits, or pretreatment requirements pursuant to this chapter, the POTW establishes concentration limits to be met by an industrial user, the POTW, in lieu of concentration limits, may establish mass limits of a comparable or more stringent nature. The POTW may impose mass limitations on industrial users which use dilution to meet applicable discharge limits or in other cases where the imposition of mass limitations is appropriate. If the limits in a categorical pretreatment standard are expressed only in terms of mass pollutant per unit of production, the POTW may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration limits for the purposes of calculating effluent limitations applicable to individual categorical industries. Equivalent limitations calculated in accordance with this section shall be deemed pretreatment standards for the purposes of § 307(d) of the Clean Water Act, being 33 U.S.C. § 1317(d), and this section. Industrial users will be required to comply with the equivalent limitations in lieu of the promulgated categorical standards from which the equivalent limitations were derived.
(J) Combined waste stream.
(1) Where process effluent is mixed prior to treatment with wastewaters other than those generated by the regulated process, fixed alternative discharge limits may be derived by the POTW, as defined in R323.2313(e) and R323.2311(7).
(2) These alternative limits shall be applied to the mixed effluent.
(K) Notification. The POTW shall notify any user affected by the provisions of this section and establish an enforceable compliance schedule for each.
(Prior Code, § 542.08) Penalty, see § 10.99