[Amended 2-19-2008 by Ord. No. 155-6]
[Amended 5-18-2011 by Ord. No. 155-7]
The categorical pretreatment standards now found or hereafter found at 40 CFR Chapter I, Subchapter N, Parts 405 to 471, are hereby incorporated herein by reference as though set forth in full and shall apply to users, including categorical industrial users, pursuant to the definitions set forth in this Part 2 and as set forth in this Part 2.
B.
When the limits in a categorical pretreatment standard are expressed
only in terms of mass of pollutant per unit of production, the Superintendent
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
industrial users.
C.
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the Joint
Sewer Authority shall impose an alternate limit using the combined
waste stream formula in 40 CFR 403.6(e).
D.
A user may obtain a net/gross adjustment to a categorical pretreatment
standard in accordance with the following subsections of this section:
(1)
Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the industrial user's intake water in accordance with this section. Any industrial user wishing to obtain credit for intake pollutants must make application to the Joint Sewer Authority. Upon request of the industrial user, the applicable standard will be calculated on a "net" basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of Subsection D(2) of this section are met.
(2)
Criteria.
(a)
Either:
[1]
The applicable categorical pretreatment standards contained
in 40 CFR Subchapter N specifically provide that they shall be applied
on a net basis; or
[2]
The industrial user demonstrates that the control system it
proposes or uses to meet applicable categorical pretreatment standards
would, if properly installed and operated, meet the standards in the
absence of pollutants in the intake waters.
(b)
Credit for generic pollutants such as biochemical oxygen demand
(BOD), total suspended solids (TSS), and oil and grease should not
be granted unless the industrial user demonstrates that the constituents
of the general measure in the user's effluent are substantially
similar to the constituents of the generic measure in the intake water
or unless appropriate additional limits are placed on process water
pollutants either at the outfall or elsewhere.
(c)
Credit shall be granted only to the extent necessary to meet
the applicable categorical pretreatment standard(s), up to a maximum
value equal to the influent value. Additional monitoring may be necessary
to determine eligibility for credits and compliance with standard(s)
adjusted under this section.
(d)
Credit shall be granted only if the user demonstrates that the
intake water is drawn from the same body of water as that into which
the POTW discharges. The Joint Sewer Authority may waive this requirement
if it finds that no environmental degradation will result.
E.
When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, an industrial user may request that the Joint Sewer Authority convert the limits to equivalent mass limits with the exception of categorical concentration based limits for pollutants such as pH, temperature, radiation, or any other pollutants for which mass limits are not appropriate. The determination to convert concentration limits to mass limits is within the discretion of the Joint Sewer Authority. The Joint Sewer Authority may establish equivalent mass limits only if the industrial user meets all the conditions set forth in Subsection E(1)(a) through (e) below.
(1)
To be eligible for equivalent mass limits, the industrial user must:
(a)
Employ, or demonstrate that it will employ, water conservation
methods and technologies that substantially reduce water use during
the term of its individual wastewater discharge permit;
(b)
Currently use control and treatment technologies adequate to
achieve compliance with the applicable categorical pretreatment standard,
and not have used dilution as a substitute for treatment;
(c)
Provide sufficient information to establish the facility's
actual average daily flow rate for all wastestreams, based on data
from a continuous effluent flow monitoring device, as well as the
facility's long-term average production rate. Both the actual
average daily flow rate and the long-term average production rate
must be representative of current operating conditions;
(d)
Not have daily flow rates, production levels, or pollutant levels
that vary so significantly that equivalent mass limits are not appropriate
to control the discharge; and
(e)
Have consistently complied with all applicable categorical pretreatment
standards during the period prior to the industrial user's request
for equivalent mass limits.
(2)
An industrial user subject to equivalent mass limits must:
(a)
Maintain and effectively operate control and treatment technologies
adequate to achieve compliance with the equivalent mass limits;
(b)
Continue to record the facility's flow rates through the
use of a continuous effluent flow monitoring device;
(c)
Continue to record the facility's production rates and notify the Joint Sewer Authority whenever production rates are expected to vary by more than 20% from its baseline production rates determined in Subsection E(1)(c) of this section. Upon notification of a revised production rate, the Joint Sewer Authority will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and
(3)
When developing equivalent mass limits, the Joint Sewer Authority:
(a)
Will calculate the equivalent mass limit by multiplying the
actual average daily flow rate of the regulated process(es) of the
industrial user by the concentration-based daily maximum and monthly
average standard for the applicable categorical pretreatment standard
and the appropriate unit conversion factor;
(b)
Upon notification of a revised production rate, will reassess
the equivalent mass limit and recalculate the limit as necessary to
reflect changed conditions at the facility; and
(c)
May retain the same equivalent mass limit in subsequent wastewater discharger permit terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to § 122-35. The industrial user must also be in compliance with § 122-94 regarding the prohibition of bypass.
F.
The Joint Sewer Authority may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414, 419, and 455 to concentration limits of the categorical pretreatment standards for purposes of calculating limitations applicable to individual industrial users. The conversion is at the discretion of the Joint Sewer Authority. The Authority shall not convert such limits to concentration limits unless it first documents that dilution is not being substituted for treatment as prohibited by § 122-35.
G.
Once included in its permit, the industrial user must comply with
the equivalent limitations developed in accordance with this section
in lieu of the promulgated categorical standards from which the equivalent
limitations were derived.
H.
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 or flow figure shall
be used in calculating both the average and the maximum equivalent
limitation.
I.
Any industrial user operating under a permit incorporating equivalent
mass or concentration limits calculated from a production-based standard
shall notify the Joint Sewer 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 Joint Sewer Authority of such anticipated change
will be required to meet the mass or concentration limits in its permit
that were based on the original estimate of the long-term average
production rate.
J.
A user may obtain a variance from a categorical pretreatment standard
from EPA if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by EPA when
developing the categorical pretreatment standard.
State requirements and limitations on discharges
shall apply in any case where they are more stringent than federal
requirements and limitations or those in this Part 2.
A.
The following pollutant limits are established to
protect against pass-through and interference. No person shall discharge
wastewater containing in excess of the following:
[Amended 5-18-2011 by Ord. No. 155-7]
|
Toxic Pollutants
|
mg/L
| |
|---|---|---|
|
Arsenic
|
1.165
| |
|
Cadmium
|
0.107
| |
|
Chromium (total)
|
0.260
| |
|
Copper
|
5.558
| |
|
Cyanide
|
2.328
| |
|
Lead
|
0.969
| |
|
Mercury
|
0.008
| |
|
Molybdenum
|
0.418
| |
|
Nickel
|
2.046
| |
|
Selenium
|
11.699
| |
|
Silver
|
7.098
| |
|
Zinc
|
2.800
|
B.
The above limits apply at the point where the wastewater
is discharged to the POTW, which for purposes of this Part 2 includes
all points within and throughout the distribution system. All concentrations
for metallic substances are for total metal unless indicated otherwise.
The control authority may impose mass limitations in addition to,
or in place of, the concentration-based limitations above.
C.
The Joint
Sewer Authority reserves the right to establish alternate local limits
in industrial user discharge permits, but only in accordance with
regulatory requirements. At no time will the summation of the loadings
allocated to the industrial users through the discharge permits be
greater than the allowable industrial headworks loading as determined
in the most recent local limits evaluation approved by the approval
authority.
[Amended 5-18-2011 by Ord. No. 155-7]
D.
The Joint Sewer Authority may develop best management practices (BMPs) by ordinance, resolution or in wastewater discharge permits to implement local limits and the requirements of § 122-30. If a BMP is used in place of an approved local limit or prohibition (rather than in addition to an approved limit or prohibition), the BMP would need to be approved by EPA prior to implementation. Authorizing use of a BMP for compliance with one or more of the prohibitions included in 40 CFR 403.5 does not relieve the user of the responsibility of complying with the prohibition(s).
[Amended 5-18-2011 by Ord. No. 155-7]
The Township reserves the right to establish,
by ordinance, more stringent standards or requirements on discharges
to the POTW.
No user shall ever increase the use of process
water or in any way attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve compliance with
a discharge limitation unless expressly authorized by an applicable
pretreatment standard or requirement. The control authority may impose
mass limitations on users who are using dilution to meet applicable
pretreatment standards or requirements or in other cases when the
imposition of mass limitations is appropriate.
Each user shall provide protection from accidental
discharge of prohibited materials or other substances regulated by
this Part 2. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the owner or user's
own cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the Joint
Sewer Authority for review and shall be approved by the Joint Sewer
Authority before construction of the facility. All existing users
shall complete such a plan by August 31, 2003. No user shall be permitted
to introduce pollutants into the system until accidental discharge
procedures have been approved by the Joint Sewer Authority. Review
and approval of such plans and operating procedures shall not relieve
the industrial user from the responsibility to modify the user's facility
as necessary to meet the requirements of this Part 2. In the case
of an accidental discharge, it is the responsibility of the user to
immediately notify the POTW of the incident. The notification shall
include location of discharge, type of waste, concentration and volume
and corrective actions.
[Amended 5-18-2011 by Ord. No. 155-7]
Within 24 hours following an accidental discharge,
the user shall notify the Joint Sewer Authority and, within five days
following an accidental discharge, the user shall submit to the Joint
Sewer Authority a detailed written report describing the cause of
the discharge and the measures to be taken by the user to prevent
similar future occurrences. Such notification shall not relieve the
user of any expense, loss, damage, or other liability which may be
incurred as a result of damage to the POTW, fish kills, or any other
damage to person or property, nor shall such notification relieve
the user of any fines, civil penalties, or other liability which may
be imposed by this Part 2 or other applicable law.
A notice shall be permanently posted on the
user's bulletin board or other prominent place advising employees
whom to call in the event of an accidental discharge. Employers shall
insure that all employees who may cause or suffer such an accidental
discharge to occur are advised of the emergency notification procedures.
