(A) Limitations for selected materials. Users who fall into categories for which national categorical pretreatment standards have been established shall comply with these standards. More stringent standards may be applied by the city where necessary to achieve the goals of the city’s pretreatment program.
(B) Concentration and mass limits.
(1) Pollutant discharge limits in categorical pretreatment standards will be expressed either as concentration or mass limits. Wherever possible, where concentration limits are specified in standards, equivalent mass limits will be provided so that local, state, or national authorities responsible for enforcement may use either concentration or mass limits. Limits in categorical pretreatment standards shall apply to the effluent of the process regulated by the standard or as otherwise specified by the standard.
(2) When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the control authority may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purpose of calculating effluent limitations applicable to individual industrial users.
(3) The control authority calculating equivalent mass-per-day limitations under division (B)(2) of this section shall calculate such limitations by multiplying the limits in the standard by the industrial 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 industrial users actual long-term daily production, such as the average daily production during a representative year. For new sources, actual production shall be estimated using projected production.
(4) The control authority calculating equivalent concentration limitations under division (B)(2) of this section shall calculate such limitations by dividing the mass limitations derived under divisioin (B)(3) of this section by the average daily flow rate of the industrial user’s regulated process wastewater. This average daily flow rate shall be based upon a reasonable measure of the industrial user’s actual long-term average flow rate, such as the average daily flow rate during the representative year.
(5) Equivalent limitations calculated in accordance with this section shall be deemed pretreatment standards for the purposes of § 307(d) of the Act and this subchapter. 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. The control authority must document how the equivalent limits were derived and make this information publicly available.
(6) Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average or four day average limitations. Where such standards are being applied, the same production of flow figure shall be used in calculating both types of equivalent limitations.
(7) Any industrial user operating under a control mechanism incorporating equivalent mass or concentration limits calculated from a production based standard shall notify the control authority 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. Any user not notifying the control authority of such anticipated change will be required to meet the mass or concentration limits in its control mechanism that were based on the original estimate of the long-term average production rate.
(C) Limitations for compatible pollutants and other constituents. Standard ordinance limits for discharge of compatible pollutants and other constituents are set forth and incorporated hereto in Appendix 1 following this chapter; and, MAIL limits for compatible pollutants and other constituents are set forth and incorporated hereto in Appendix 2 following this chapter.
(D) Special alternative limits (SALs). For any discharge that would otherwise be prohibited by this section of this chapter, above, the city POTW may impose one or more SALs for all or any portion of the discharge (or for all or any pollutant parameter thereof) pursuant to a user permit or by POTW order. Each SAL must be approved in advance by the Supervisor. The following conditions and requirements shall apply to all SALs:
(1) The city POTW shall not be required to approve or require a SAL, but may do so at its sole discretion. The city may terminate or modify the SAL, and/or require compliance with different or additional discharge standards or requirements as determined necessary or appropriate at any time.
(2) A SAL shall not create any property rights or privilege of any kind whatsoever, nor shall it be construed to authorize any injury to private or public property or any invasion of personal rights, nor any violation of local, state or federal laws or regulations.
(3) A SAL may include any terms, conditions or requirements determined necessary and appropriate by the Supervisor, including, but not limited to, terms, conditions and requirements regarding sampling, analysis, fees, reimbursement, surety, indemnification, and insurance.
(4) The Supervisor shall establish each SAL based on an allocation of the amount of remaining available loadings from the city POTW’s maximum allowable industrial loading (MAIL) for a given pollutant at the time when the SAL is approved and assigned. Each SAL may also be subject to a maximum (not-to-exceed) concentration as determined necessary by the city POTW to protect the receiving sewer, the city POTW, public health and safety, the environment, or to otherwise achieve the purposes, objectives, and requirements of this chapter. The MAILs for pollutants of concern are set forth in Appendix 2. All SAL allocations shall be in the amounts, and subject to the terms, conditions, and requirements, as deemed necessary and appropriate by the Supervisor.
(5) Violation of any SAL (or of any of the terms, conditions or requirements of a SAL) shall be a violation of this chapter and subject to applicable fines, penalties, and other enforcement actions.
(6) The total mass of a pollutant of concern allocated to trucked wastes and all other nondomestic users (specifically excluding domestic/background sewage, septage wastes, and all other domestic users) shall not exceed the MAILs as set forth in Appendix 2 in the aggregate when taking into account all SALs that have been assigned by the Supervisor and considered to be active at the time.
(7) SALs shall not exceed national standards applicable to categorical industries, nor any other local, state, or national standards and requirements.
(8) The following constituents are not eligible for a SAL: FOG Nonpolar, FOG Total, Mercury, Cis-1,2-Dichloroethylene, Trans - 1,2-Dichloroethylene, Trichloroethylene, Cyanide Available and Vinyl Chloride.
(9) Local initiative limits. The Supervisor may, in a wastewater discharge permit or an order, impose a local initiative limit (“LIL”) for any pollutant not specifically regulated in § 54.38. In determining a LIL (concentration or mass), the Supervisor shall consider the acceptable discharge level of the pollutant based on current influent loading, treatment plant design, treatability, potential for pass through or interference, potential for fire/explosion or fume toxicity, potential for adverse impact to the collection system, and other factors deemed relevant by the Supervisor. A LIL shall be subject to EGLE, or its successor state department, review and approval before implementation.
(Ord. 677, passed 8-28-2023) Penalty, see § 54.99