(A) The pretreatment requirement shall apply to all non-domestic users subject to National Categorical Pretreatment Standards, promulgated by the USEPA in accordance with Section 307(b) and (c) of the Act, currently discharging or scheduled to discharge to the village. The National Categorical Pretreatment Standards, found in 40 CFR Chapter 1, Subchapter N, Parts 405 - 471 are hereby incorporated into this chapter.
(B) Limits in Categorical Pretreatment Standards shall apply to the discharge from the process regulated by the standard or as otherwise specified by the standard. Compliance with National Categorical Pretreatment Standards is mandatory.
(1) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, Pretreatment Coordinator may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c) unless specifically restricted by the categorical standard. These equivalent limitations calculated in accordance of the following requirements are deemed pretreatment standards. Users shall be required to comply with the equivalent limitations instead of the promulgated categorical standards from which the equivalent limitations were derived. An alternative pretreatment limit shall not be used if the alternative limit is below the analytical detection limit for any of the regulated pollutants.
(2) (a) When the limits in a Categorical Pretreatment Standard are expressed only in terms of mass of pollutant per unit production, the village may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual users.
(b) The village calculating equivalent mass-per-day limitations shall calculate such limitations by multiplying the limits in the standard by the user's average rate of production. This average rate of production shall be based not upon the designed production capacity, but rather upon a reasonable measure of the user's actual long-term daily production during a representative year. For new sources, actual production shall be estimated using projected production.
(c) The village calculating equivalent concentration limitations shall calculate such limitations by dividing the mass limitations by the average daily flow rate of the user's regulated process wastewater. This average daily flow rate must be based upon a reasonable measure of the user's actual long-term average flow rate, such as the average daily flow rate during the representative year.
(3) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, Pretreatment Coordinator shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e) provided that the regulation allows the wastewaters to be mixed and the user can supply the information necessary to issue an alternative limit.
(4) A user may request a variance from USEPA based on fundamentally different factors. The request must comply with the procedural and substantive provisions in 40 CFR 403.13.
(5) A user may request a net gross adjustment to a categorical pretreatment standard in accordance with 40 CFR 403.15.
(C) All users that are subject to National Categorical Pretreatment Standards are required to file reports as required in this chapter, signed by an authorized representative. These reports shall include all information that the village deems necessary to make compliance determinations.
(Ord. 04-0108, passed 1-21-04)