§ 51.029 NATIONAL CATEGORICAL PRETREATMENT STANDARDS.
   The federal categorical pretreatment standards found at 40 C.F.R. Chapter I, Subchapter N, including, but not limited to, Parts 405 through 471, and any amendments thereto and replacements thereof are hereby incorporated by reference.
   (A)   Where a categorical pretreatment standard is 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 C.F.R. § 403.6(c). Equivalent limitations so imposed shall be deemed pretreatment standards and the user will be required to comply with the equivalent limitation in lieu of the promulgated categorical standard from which the equivalent limitation is derived. Any user operating under a wastewater discharge permit incorporating equivalent limitations calculated from a production based standard shall notify the Director within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. The Director may impose a revised equivalent limitation based on the revised production level.
   (B)   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 C.F.R. § 403.6(e). An alternate limit may not be used if the alternate limit is below the detection limit for the regulated pollutant.
   (C)   A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 C.F.R. § 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.
   (D)   A user may obtain a net/gross adjustment to a categorical standard in accordance with 40 C.F.R. § 403.15.
   (E)   A new source shall install, have in operating condition, and start up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest time feasible, but not to exceed 90 days, a new source shall meet all applicable pretreatment standards.
(Prior Code, § 51.24) (Ord. D-1927, passed 7-15-2002, effective 8-1-2002)