The categorical pretreatment standards now found or hereafter
found at 40 CFR Chapter I, Subchapter N, Parts 405 - 471, are hereby
incorporated in this article 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 Ordinance and as set
forth in the Ordinance.
A. Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
the Joint Sewer Authority may impose equivalent concentration or mass
limits in accordance with Sections 2.2.E and 2.2.F.
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 paragraphs 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 paragraph
(2) of this section are met.
(2) Criteria.
a. Either (i) the applicable categorical pretreatment standards contained
in 40 CFR Subchapter N specifically provide that they shall be applied
on a net basis; or (ii) 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 Sections 2.2E(1)(a) through 2.2E(1)(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 percent from its baseline production rates determined
in Paragraph 2.2F(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
d. Continue to employ the same or comparable water conservation methods
and technologies as those implemented pursuant to paragraphs 2.2E(1)(a)
of this section so long as it discharges under an equivalent mass
limit.
(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 Section
2.6. The industrial user must also be in compliance with Section
12.3 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 Section
2.6.
G. Once included in its permit, the industrial user must comply with the equivalent limitations developed in accordance with this section
2.2 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 4-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 (2) 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 Ordinance.
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 Joint Sewer 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 Ordinance.
Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the owner's 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. 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 Ordinance.
In the case of an accidental discharge, it is the responsibility of
the user to immediately notify the Joint Sewer Authority of the incident.
The notification shall include location of discharge, type of waste,
concentration and volume, and corrective actions.
Within twenty-four (24) hours following an accidental discharge,
the user shall notify the Joint Sewer Authority, and within five (5)
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 article 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.